---
kind: "section"
citation: "10 U.S.C. § 950e"
title: "10"
title_heading: "Armed Forces"
number: "950e"
heading: "Rehearings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/950e"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter VII — Post-Trial Procedure and Review of Military Commissions"
---

# §950e. Rehearings

- (a) **Composition of Military Commission for Rehearing.—** Each rehearing under this chapter shall take place before a [military](/usc/10/801.md?p=8) commission under this chapter composed of members who were not members of the [military](/usc/10/801.md?p=8) 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](/usc/10/801.md?p=8) commission; and
    - (B) no sentence in excess of or more than the [original](/usc/10/101.md?p=b-10) 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](/usc/10/101.md?p=b-10) proceedings; or
      - (ii) the sentence prescribed for the offense is mandatory.
  - (2) Upon a rehearing, if the sentence approved after the first [military](/usc/10/801.md?p=8) 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](/usc/10/801.md?p=8) commission.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2602.)

## Notes

### 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.