10 U.S.C. § 853 — Art. 53. Findings and sentencing

Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge^* shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.

If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.

In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—

In accordance with regulations prescribed by the President, the military judge may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.

In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.