Us Code § 950e - Rehearings
Full text of Us Code United States Code § 950e — Rehearings, with citation guidance and answers to common questions.
§ 950e. Rehearings
(a)
(b)
(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.
About This Section
10 U.S.C. § 950e is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 10 U.S.C. § 950e. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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