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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 950c Appellate referral; waiver or withdrawal of appeal us united_states_code code_section 10 ARMED FORCES 47A MILITARY COMMISSIONS 950c 10 U.S.C. § 950c current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s950c data/legal/raw/us/code/title-10/usc10.xml 6f3231f84b49d2d4d1dc7fb76aae3ab2f4257d025b6491a3e957f91da9a4c8f7 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 db1cd3de41cac26973483a28d52e71b2b374ff6415b1e12f40b52c868d96ebb7 2026-07-04 official
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10 U.S.C. § 950c - Appellate referral; waiver or withdrawal of appeal

Text

(a) Automatic Referral for Appellate Review.— Except as provided in subsection (b), in each case in which the final decision of a military commission under this chapter (as approved by the convening authority) includes a finding of guilty, the convening authority shall refer the case to the United States 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) Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused may file with the convening authority a statement expressly waiving the right of the accused to appellate review by the United States Court of Military Commission Review under section 950f of this title of the final decision of the military commission under this chapter.

(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 of 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.

(Added Pub. L. 11184, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2600.)

Notes

Editorial Notes

Prior ProvisionsA prior section 950c, added Pub. L. 109366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2620, related to appellate referral and waiver or withdrawal of appeal, prior to the general amendment of this chapter by Pub. L. 11184.