10 U.S. Code § 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—
the accused may not be tried for any offense of which the accused was found not guilty by the first military commission; and
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.
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