5905 - Rehearings.

     § 5905.  Rehearings.        (a)  General rule.--If the convening authority disapproves     the findings and sentence of a court-martial he may, except     where there is lack of sufficient evidence in the record to     support the findings, order a rehearing, in which case he shall     state the reasons for disapproval. If he disapproves the     findings and sentence and does not order a rehearing, he shall     dismiss the charges.        (b)  Rehearing body composition and authority.--Every     rehearing shall take place before a court-martial composed of     members not members of the court-martial which first heard the     case. Upon such rehearing the accused shall 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 imposed, 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.