10 U.S.C. § 863 : US Code - Section 863: Art. 63. Rehearings

Search 10 U.S.C. § 863 : US Code - Section 863: Art. 63. Rehearings

Each rehearing under this chapter shall take place before a court-
martial composed of members not members of the court-martial which
first heard the case. Upon a rehearing the accused may not be tried
for any offense of which he was found not guilty by the first court-
martial, and no sentence in excess of or more severe than the
original sentence may be approved, unless the sentence is based
upon a finding of guilty of an offense not considered upon the
merits in the original proceedings, or unless the sentence
prescribed for the offense is mandatory. If the sentence approved
after the first court-martial 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 the pretrial
agreement, the approved sentence as to those charges or
specifications may include any punishment not in excess of that
lawfully adjudged at the first court-martial.