U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47A— MILITARY COMMISSIONS › Subchapter SUBCHAPTER VII— POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS

10 U.S.C. § 950e

Rehearings

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(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 the accused 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.(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2602.)Editorial NotesPrior Provisions

A prior section 950e, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2621, related to rehearings, prior to the general amendment of this chapter by Pub. L. 111–84.

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Hicks v. United States, 94 F. Supp. 3d 1241 (M.C. 2015).
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Hicks v. United States, 94 F. Supp. 3d 1241 (M.C. 2015). “Appellant did not re-file the waiver of appeal within 10 days after action, as required by 10 U.S.C. § 950e(b)(3) (2006), but the convening authority gave appellant notice that she was relying on his previously-filed waiver.”
— 10 U.S.C. § 950e(b)(3) — 1 case
Hicks v. United States, 94 F. Supp. 3d 1241 (M.C. 2015). “Appellant did not re-file the waiver of appeal within 10 days after action, as required by 10 U.S.C. § 950e(b)(3) (2006), but the convening authority gave appellant notice that she was relying on his previously-filed waiver.”
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