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Title 10 — Armed ForcesRelease 119-73

§950e Rehearings

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 › § 950e

Last updated Apr 6, 2026|Official source

Summary

A rehearing must be held before a different military commission made up of members who did not serve on the first commission. At the rehearing, the person charged cannot be tried again for any offense they were found not guilty of in the first trial. The new sentence cannot be higher than the original one unless the person is found guilty of an offense that was not decided in the first trial or the law requires a mandatory sentence. If the original sentence came from a plea deal and the accused changes their plea or breaks that deal at the rehearing, the punishment for those charges can be any lawful punishment up to the amount imposed by the first commission.

Full Legal Text

Title 10, §950e

Armed Forces — Source: USLM XML via OLRC

(a)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)(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 950e

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73