Sec. 5327. REHEARINGS

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## SEC. 5327 REHEARINGS Section 863 of title 10, United States Code (article 63 of the Uniform Code of Military Justice), is amended— ####

(1)by inserting “(a)” before “Each rehearing”; ####

(2)in the second sentence, by striking “may be approved” and inserting “may be adjudged”; ####

(3)by striking the third sentence; and ####

(4)by adding at the end the following new subsections: > > ### “(b) > > If the sentence adjudged by the first court-martial was in accordance with a plea agreement under section 853a of this title (article 53a) and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been adjudged at the first court-martial. > > > ### “(c) > > If, after appeal by the Government under section 856(d) of this title (article 56(d)), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Criminal Appeals or Court of Appeals for the Armed Forces, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the President may prescribe by regulation.” > .