§950e Rehearings

Summary

A rehearing must be held before a military commission whose members were not on the first commission. At the rehearing, the accused cannot be retried for any offense the first commission found not guilty, and cannot get a sentence higher than the original unless the higher sentence is for an offense that was not decided on the merits before, or the law requires a mandatory sentence for that offense. If the original approved sentence came from a pretrial agreement and the accused changes a plea or breaks that agreement at the rehearing, the sentence for those charges may be any punishment up to the original lawful sentence.