TITLE 10 - US CODE - SUBCHAPTER VI - POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS

10 USC 950a - Error of law; lesser included offense

(a) Error of Law.— 
A finding or sentence of a military commission under this chapter may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) Lesser Included Offense.— 
Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.

10 USC 950b - Review by the convening authority

(a) Notice to Convening Authority of Findings and Sentence.— 
The findings and sentence of a military commission under this chapter shall be reported in writing promptly to the convening authority after the announcement of the sentence.
(b) Submittal of Matters by Accused to Convening Authority.— 

(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence of the military commission under this chapter.
(2) 
(A) Except as provided in subparagraph (B), a submittal under paragraph (1) shall be made in writing within 20 days after the accused has been given an authenticated record of trial under section 949o (c) of this title.
(B) If the accused shows that additional time is required for the accused to make a submittal under paragraph (1), the convening authority may, for good cause, extend the applicable period under subparagraph (A) for not more than an additional 20 days.
(3) The accused may waive his right to make a submittal to the convening authority under paragraph (1). Such a waiver shall be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submittal under this subsection shall be deemed to have expired upon the submittal of a waiver under this paragraph to the convening authority.
(c) Action by Convening Authority.— 

(1) The authority under this subsection to modify the findings and sentence of a military commission under this chapter is a matter of the sole discretion and prerogative of the convening authority.
(2) 
(A) The convening authority shall take action on the sentence of a military commission under this chapter.
(B) Subject to regulations prescribed by the Secretary of Defense, action on the sentence under this paragraph may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier.
(C) In taking action under this paragraph, the convening authority may, in his sole discretion, approve, disapprove, commute, or suspend the sentence in whole or in part. The convening authority may not increase a sentence beyond that which is found by the military commission.
(3) The convening authority is not required to take action on the findings of a military commission under this chapter. If the convening authority takes action on the findings, the convening authority may,[1] in his sole discretion, may
(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or
(B) change a finding of guilty to a charge to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge.
(4) The convening authority shall serve on the accused or on defense counsel notice of any action taken by the convening authority under this subsection.
(d) Order of Revision or Rehearing.— 

(1) Subject to paragraphs (2) and (3), the convening authority of a military commission under this chapter may, in his sole discretion, order a proceeding in revision or a rehearing.
(2) 
(A) Except as provided in subparagraph (B), a proceeding in revision may be ordered by the convening authority if
(i) there is an apparent error or omission in the record; or
(ii) the record shows improper or inconsistent action by the military commission with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.
(B) In no case may a proceeding in revision
(i) reconsider a finding of not guilty of a specification or a ruling which amounts to a finding of not guilty;
(ii) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation; or
(iii) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
(3) A rehearing may be ordered by the convening authority if the convening authority disapproves the findings and sentence and states the reasons for disapproval of the findings. If the convening authority disapproves the finding and sentence and does not order a rehearing, the convening authority shall dismiss the charges. A rehearing as to the findings may not be ordered by the convening authority when there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered by the convening authority if the convening authority disapproves the sentence.
[1] So in original. The word “may” probably should not appear.

10 USC 950c - Appellate referral; waiver or withdrawal of appeal

(a) Automatic Referral for Appellate Review.— 
Except as provided under subsection (b), in each case in which the final decision of a military commission (as approved by the convening authority) includes a finding of guilty, the convening authority shall refer the case to the Court of Military Commission Review. Any such referral shall be made in accordance with procedures prescribed under regulations of the Secretary.
(b) Waiver of Right of Review.— 

(1) In each case subject to appellate review under section 950f of this title, except a case in which the sentence as approved under section 950b of this title extends to death, the accused may file with the convening authority a statement expressly waiving the right of the accused to such review.
(2) A waiver under paragraph (1) shall be signed by both the accused and a defense counsel.
(3) A waiver under paragraph (1) must be filed, if at all, within 10 days after notice on the action is served on the accused or on defense counsel under section 950b (c)(4) of this title. The convening authority, for good cause, may extend the period for such filing by not more than 30 days.
(c) Withdrawal of Appeal.— 
Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused may withdraw an appeal at any time.
(d) Effect of Waiver or Withdrawal.— 
A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 950f of this title.

10 USC 950d - Appeal by the United States

(a) Interlocutory Appeal.— 

(1) Except as provided in paragraph (2), in a trial by military commission under this chapter, the United States may take an interlocutory appeal to the Court of Military Commission Review of any order or ruling of the military judge that
(A) terminates proceedings of the military commission with respect to a charge or specification;
(B) excludes evidence that is substantial proof of a fact material in the proceeding; or
(C) relates to a matter under subsection (d), (e), or (f) of section 949d of this title or section 949j (c) of this title.
(2) The United States may not appeal under paragraph (1) an order or ruling that is, or amounts to, a finding of not guilty by the military commission with respect to a charge or specification.
(b) Notice of Appeal.— 
The United States shall take an appeal of an order or ruling under subsection (a) by filing a notice of appeal with the military judge within five days after the date of such order or ruling.
(c) Appeal.— 
An appeal under this section shall be forwarded, by means specified in regulations prescribed the Secretary of Defense, directly to the Court of Military Commission Review. In ruling on an appeal under this section, the Court may act only with respect to matters of law.
(d) Appeal From Adverse Ruling.— 
The United States may appeal an adverse ruling on an appeal under subsection (c) to the United States Court of Appeals for the District of Columbia Circuit by filing a petition for review in the Court of Appeals within 10 days after the date of such ruling. Review under this subsection shall be at the discretion of the Court of Appeals.

10 USC 950e - Rehearings

(a) Composition of Military Commission for Rehearing.— 
Each rehearing under this chapter shall take place before a military commission under this chapter composed of members who were not members of the military commission which first heard the case.
(b) Scope of Rehearing.— 

(1) Upon a rehearing
(A) the accused may not be tried for any offense of which he was found not guilty by the first military commission; and
(B) no sentence in excess of or more than the original sentence may be imposed unless
(i) the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings; or
(ii) the sentence prescribed for the offense is mandatory.
(2) Upon a rehearing, if the sentence approved after the first military commission was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first military commission.

10 USC 950f - Review by Court of Military Commission Review

(a) Establishment.— 
The Secretary of Defense shall establish a Court of Military Commission Review which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing military commission decisions under this chapter, the court may sit in panels or as a whole in accordance with rules prescribed by the Secretary.
(b) Appellate Military Judges.— 
The Secretary shall assign appellate military judges to a Court of Military Commission Review. Each appellate military judge shall meet the qualifications for military judges prescribed by section 948j (b) of this title or shall be a civilian with comparable qualifications. No person may serve as an appellate military judge in any case in which that person acted as a military judge, counsel, or reviewing official.
(c) Cases To Be Reviewed.— 
The Court of Military Commission Review, in accordance with procedures prescribed under regulations of the Secretary, shall review the record in each case that is referred to the Court by the convening authority under section 950c of this title with respect to any matter of law raised by the accused.
(d) Scope of Review.— 
In a case reviewed by the Court of Military Commission Review under this section, the Court may act only with respect to matters of law.

10 USC 950g - Review by the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court

(a) Exclusive Appellate Jurisdiction.— 

(1) 
(A) Except as provided in subparagraph (B), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of a final judgment rendered by a military commission (as approved by the convening authority) under this chapter.
(B) The Court of Appeals may not review the final judgment until all other appeals under this chapter have been waived or exhausted.
(2) A petition for review must be filed by the accused in the Court of Appeals not later than 20 days after the date on which
(A) written notice of the final decision of the Court of Military Commission Review is served on the accused or on defense counsel; or
(B) the accused submits, in the form prescribed by section 950c of this title, a written notice waiving the right of the accused to review by the Court of Military Commission Review under section 950f of this title.
(b) Standard for Review.— 
In a case reviewed by it under this section, the Court of Appeals may act only with respect to matters of law.
(c) Scope of Review.— 
The jurisdiction of the Court of Appeals on an appeal under subsection (a) shall be limited to the consideration of
(1) whether the final decision was consistent with the standards and procedures specified in this chapter; and
(2) to the extent applicable, the Constitution and the laws of the United States.
(d) Supreme Court.— 
The Supreme Court may review by writ of certiorari the final judgment of the Court of Appeals pursuant to section 1257 of title 28.

10 USC 950h - Appellate counsel

(a) Appointment.— 
The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel for the United States and for the accused in military commissions under this chapter. Appellate counsel shall meet the qualifications for counsel appearing before military commissions under this chapter.
(b) Representation of United States.— 
Appellate counsel appointed under subsection (a)
(1) shall represent the United States in any appeal or review proceeding under this chapter before the Court of Military Commission Review; and
(2) may, when requested to do so by the Attorney General in a case arising under this chapter, represent the United States before the United States Court of Appeals for the District of Columbia Circuit or the Supreme Court.
(c) Representation of Accused.— 
The accused shall be represented by appellate counsel appointed under subsection (a) before the Court of Military Commission Review, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court, and by civilian counsel if retained by the accused. Any such civilian counsel shall meet the qualifications under paragraph (3) of section 949c (b) of this title for civilian counsel appearing before military commissions under this chapter and shall be subject to the requirements of paragraph (4) of that section.

10 USC 950i - Execution of sentence; procedures for execution of sentence of death

(a) In General.— 
The Secretary of Defense is authorized to carry out a sentence imposed by a military commission under this chapter in accordance with such procedures as the Secretary may prescribe.
(b) Execution of Sentence of Death Only Upon Approval by the President.— 
If the sentence of a military commission under this chapter extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit.
(c) Execution of Sentence of Death Only Upon Final Judgment of Legality of Proceedings.— 

(1) If the sentence of a military commission under this chapter extends to death, the sentence may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to death, approval under subsection (b)).
(2) A judgment as to legality of proceedings is final for purposes of paragraph (1) when
(A) the time for the accused to file a petition for review by the Court of Appeals for the District of Columbia Circuit has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court; or
(B) review is completed in accordance with the judgment of the United States Court of Appeals for the District of Columbia Circuit and
(i) a petition for a writ of certiorari is not timely filed;
(ii) such a petition is denied by the Supreme Court; or
(iii) review is otherwise completed in accordance with the judgment of the Supreme Court.
(d) Suspension of Sentence.— 
The Secretary of the Defense, or the convening authority acting on the case (if other than the Secretary), may suspend the execution of any sentence or part thereof in the case, except a sentence of death.

10 USC 950j - Finality of proceedings, findings, and sentences

(a) Finality.— 
The appellate review of records of trial provided by this chapter, and the proceedings, findings, and sentences of military commissions as approved, reviewed, or affirmed as required by this chapter, are final and conclusive. Orders publishing the proceedings of military commissions under this chapter are binding upon all departments, courts, agencies, and officers of the United States, except as otherwise provided by the President.
(b) Provisions of Chapter Sole Basis for Review of Military Commission Procedures and Actions.— 
Except as otherwise provided in this chapter and notwithstanding any other provision of law (including section 2241 of title 28 or any other habeas corpus provision), no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter.