[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR16.4]



[Page 55]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 16_SENTENCING--Table of Contents

 

Sec.  16.4  Sentencing procedures.



    (a) General. 32 CFR part 9 permits the military commission 

substantial discretion regarding the conduct of sentencing proceedings. 

Sentencing proceedings should normally proceed expeditiously. In the 

discretion of the Presiding Officer, as limited by the Appointing 

Authority, reasonable delay between the announcement of findings and the 

commencement of sentencing proceedings may be authorized to facilitate 

the conduct of proceedings in accordance with of 32 CFR 9.6(b).

    (b) Information relevant to sentencing. 32 CFR 9.6(e)(10) permits 

the Prosecution and Defense to present information to aid the military 

commission in determining an appropriate sentence. Such information may 

include a recommendation of an appropriate sentence, information 

regarding sentence ranges for analogous offenses (e.g., the sentencing 

range under the Federal Sentencing Guidelines that could be applicable 

to the Accused for the most analogous federal offenses), and other 

relevant information. Regardless of any presentation by the Prosecution 

or Defense, the military commission shall consider any evidence admitted 

for consideration prior to findings regarding guilt. The Presiding 

Officer may limit or require the presentation of certain information 

consistent with 32 CFR part 9 and Military Order of November 13, 2001, 

``Detention, Treatment, and Trial of Certain Non-Citizens in the War 

Against Terrorism'.

    (c) Cases involving plea agreements. In accordance with 32 CFR 

9.6(a)(4), after determining the voluntary and informed nature of a plea 

agreement approved by the Appointing Authority, the military commission 

is bound to adjudge findings and a sentence pursuant to that plea 

agreement. Accordingly, the Presiding Officer may exercise the authority 

granted in of 32 CFR 9.6(e) to curtail or preclude the presentation of 

information and argument relative to the military commission's 

determination of an appropriate sentence.

    (d) Special duties. In cases involving plea agreements or 

recommendations for certain conditions of imprisonment or prospective 

sentence modification, the Prosecution and Defense shall provide 

whatever post-trial information or recommendation as is relevant to any 

subsequent decision regarding such condition or suspension, remission, 

commutation, or other modification recommendation associated with the 

sentence.