Page:United States Statutes at Large Volume 123.djvu/2622

 123STA T . 2 60 2 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (A)shal lh e a r ar gum e nto nsu c ha p peal wi thin 4d a y so f the ad j ournment of the trial (e x cluding wee k ends and holidays) ‘‘( B ) may dispense with written b riefs other than the supporting materials pre v iously submitted to the military judge; ‘‘( C ) shall render its decision within four days of argu - ment on appeal (excluding weekends and holidays); and ‘‘( D ) may dispense with the issuance of a written opinion in rendering its decision . ‘‘(e) NOTICEANDT I M IN G O FO T H E R A P PEA LS . — The U nited S tates shall take an appeal of an order or ruling under subsection (a) , other than an appeal under paragraph (4) of that subsection, by filing a notice of appeal with the military judge within 5 days after the date of the order or ruling. ‘‘(f) M ETHOD OF APPEAL.—An appeal under this section shall be forwarded, by means specified in regulations prescribed by the Secretary of Defense, directly to the United States Court of Military Commission R eview. ‘‘(g) APPEALS CO U RT TO ACT ONL YW ITH RESPECT TO MATTER OF L A W .— I n ruling on an appeal under paragraph ( 1 ),( 2 ), or ( 3 ) of subsection (a), the appeals court may act only with respect to matters of law. ‘‘(h) SU B SE Q UENT APPEAL RIGHTS OF ACCUSED NOT AFFECTED.— An appeal under paragraph (4) of subsection (a), and a decision on such appeal, shall not affect the right of the accused, in a subse q uent appeal from a judgment of conviction, to claim as error reversal by the military judge on remand of a ruling appealed from during trial. ‘ ‘ §950e.R e h e arings ‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.— E ach 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— ‘‘(A) the accused may not be tried for any offense of which the accused was found not guilty by the first military commis- sion; 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 manda- tory. ‘‘(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. Regulations.D ea d line. Deadline.