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10 U.S.C. · Armed Forces
10 U.S.C. § 950e

Rehearings

Ch. 47A — MILITARY COMMISSIONS
Title 10 U.S.C. ● ACTIVE Primary Source Ch. 47A
Statutory Text

10 U.S.C. § 950e — Rehearings

U.S.C. Title 10 - ARMED FORCES 10 U.S.C. United States Code, 2023 Edition Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47A - MILITARY COMMISSIONS SUBCHAPTER VII - POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS Sec. 950e - Rehearings From the U.S. Government Publishing Office, www.gpo.gov

§950e. Rehearings

(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 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.

Source: uscode.house.gov — public domain Official Source ↗
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10 U.S.C. § 950e
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The statutory text of 10 U.S.C. § 950e is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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← 10 U.S.C. § 950d 10 U.S.C. § 950f →
Ch. 47A — MILITARY COMMISSIONS
10 U.S.C. § 948a10 U.S.C. § 948b10 U.S.C. § 948c10 U.S.C. § 948d10 U.S.C. § 948h10 U.S.C. § 948i10 U.S.C. § 948j10 U.S.C. § 948k10 U.S.C. § 948l10 U.S.C. § 948m10 U.S.C. § 948q10 U.S.C. § 948r10 U.S.C. § 948s10 U.S.C. § 949a10 U.S.C. § 949b10 U.S.C. § 949c10 U.S.C. § 949d10 U.S.C. § 949e10 U.S.C. § 949f10 U.S.C. § 949g10 U.S.C. § 949h10 U.S.C. § 949i10 U.S.C. § 949j10 U.S.C. § 949k10 U.S.C. § 949l10 U.S.C. § 949m10 U.S.C. § 949n10 U.S.C. § 949o10 U.S.C. § 949p110 U.S.C. § 949p2
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