Page 275 - Trump Executive Orders 2017-2021

9978 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(5) Rehearing impracticable. If a rehearing was authorized on one or more findings, the
convening authority may dismiss the affected charges if the convening authority detennines
that a rehearing is impracticable. If the convening authority dismisses such charges, a rehearing
may proceed on any remaining charges not dismissed by the convening authority.
(6) Forwarding. When a rehearing, new trial, other trial, or remand is ordered, a military
judge shall be detailed to the proceeding, and the matter forwarded to the military judge. In the
case of a summary court-martial, when any proceeding is ordered, a new summary court-
martial officer shall be detailed.
(b) Composition.
(1) Members. No member of the court-martial which previously heard the case may sit as a
member of the court-martial at any rehearing, new trial, or other trial of the same case.
(2) Militmyjudge. The military judge at a rehearing may be the same military judge who
presided over a previous trial of the same case. The existence or absence of a request for trial by
military judge alone at a previous hearing shall have no effect on the composition of a court-
martial on rehearing.
(3) Accused's election. The accused at a rehearing or new or other trial shall have the same
right to request enlisted members, an all-otTicer panel, or trial by military judge alone as the
accused would have at an original trial.
(c) Examination of record o.fformer proceedings. No member may, upon a rehearing or upon a
new or other trial, examine the record of any former proceedings in the same case except when
permitted to do so by the military judge after such matters have been received in evidence.
(d) Sentence limitations.
(1) In general. Sentences at rehearings, new trials, or other trials shall be adjudged within the
limitations set forth in R.C.M. 1003. Except as otherwise provided in paragraph (d)(2), the new
adjudged sentence for otTenses on which a rehearing, new trial, or other trial has been ordered
shall not exceed or be more severe than the original sentence as set forth in the judgment under
R.C.M. 1111. When a rehearing or sentencing is combined with trial on new charges, the
maximum punishment that may be imposed shall be the maximum punishment under R.C.M.
1003 for the offenses being reheard as limited in this rule, plus the total maximum punishment
under R.C.M. 1003 for any new charges of which the accused has been found guilty.
(2) Exceptions. A rehearing, new trial, or other trial may adjudge any lawful sentence,
without regard to the sentence of the previous hearing or trial when, as to any otTense-
(A) the sentence prescribed for the offense is mandatory;
(B) in the case of an "other trial," the original trial was invalid because a summary or
special court-martial tried an offense involving mandatory punishment, an offense for which
only a general court-martial has jurisdiction, or one otherwise considered capital;
(C) the rehearing was ordered or authorized for any charge or specification for which a
plea of guilty was entered at the first hearing or trial and a plea of not guilty was entered at the
second hearing or trial to that same charge or specification;
(D) the rehearing was ordered or authorized for any charge or specification for which the
sentence announced or adjudged by the first court-martial was in accordance with a plea
agreement and, at the rehearing, the accused does not comply with the terms of the agreement;
or
(E) the rehearing was ordered or authorized after an appeal by the Government under
R.C.M. 1117.
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(e) Definition. "Other trial" means another trial of a case in which the original proceedings

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