authority when there is a lack of sufficient evidence in the 
record to support the findings. A rehearing as to the sen-
tence may be ordered by the convening authority if the 
convening authority disapproves the sentence. 
‘‘§ 950c. Appellate referral; waiver or withdrawal of 
appeal 
‘‘(a) AUTOMATIC REFERRAL FOR APPELLATE RE-
VIEW.—Except as provided under subsection (b), in each 
case in which the final decision of a military commission 
(as approved by the convening authority) includes a find-
ing of guilty, the convening authority shall refer the case 
to the Court of Military Commission Review. Any such re-
ferral shall be made in accordance with procedures pre-
scribed under regulations of the Secretary. 
‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) In each 
case subject to appellate review under section 950f of this 
title, except a case in which the sentence as approved 
under section 950b of this title extends to death, the ac-
cused may file with the convening authority a statement 
expressly waiving the right of the accused to such review. 
‘‘(2) A waiver under paragraph (1) shall be signed 
by both the accused and a defense counsel. 
‘‘(3) A waiver under paragraph (1) must be filed, if 
at all, within 10 days after notice on the action is served 
on the accused or on defense counsel under section 
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950b(c)(4) of this title. The convening authority, for good 
cause, may extend the period for such filing by not more 
than 30 days. 
‘‘(c) WITHDRAWAL OF APPEAL.—Except in a case in 
which the sentence as approved under section 950b of this 
title extends to death, the accused may withdraw an ap-
peal at any time. 
‘‘(d) EFFECT
OF WAIVER
OR WITHDRAWAL.—A 
waiver of the right to appellate review or the withdrawal 
of an appeal under this section bars review under section 
950f of this title. 
‘‘§ 950d. Appeal by the United States 
‘‘(a) INTERLOCUTORY APPEAL.—(1) Except as pro-
vided in paragraph (2), in a trial by military commission 
under this chapter, the United States may take an inter-
locutory appeal to the Court of Military Commission Re-
view of any order or ruling of the military judge that— 
‘‘(A) terminates proceedings of the military 
commission with respect to a charge or specification; 
‘‘(B) excludes evidence that is substantial proof 
of a fact material in the proceeding; or 
‘‘(C) relates to a matter under subsection (d), 
(e), or (f) of section 949d of this title. 
‘‘(2) The United States may not appeal under para-
graph (1) an order or ruling that is, or amounts to, a find-
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CCOLEMAN on PROD1PC71 with BILLS
ing of not guilty by the military commission with respect 
to a charge or specification. 
‘‘(b) NOTICE OF APPEAL.—The United States shall 
take an appeal of an order or ruling under subsection (a) 
by filing a notice of appeal with the military judge within 
five days after the date of such order or ruling. 
‘‘(c) APPEAL.—An appeal under this section shall be 
forwarded, by means specified in regulations prescribed 
the Secretary of Defense, directly to the Court of Military 
Commission Review. In ruling on an appeal under this sec-
tion, the Court of Military Commission Review may act 
only with respect to matters of law. 
‘‘(d) APPEAL FROM ADVERSE RULING.—The United 
States may appeal an adverse ruling on an appeal under 
subsection (c) to the United States Court of Appeals for 
the District of Columbia Circuit by filing a petition for 
review in the Court of Appeals within 10 days after the 
date of such ruling. Review under this subsection shall be 
at the discretion of the Court of Appeals. 
‘‘§ 950e. Rehearings 
‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR 
REHEARING.—Each rehearing under this chapter shall 
take place before a military commission under this chapter 
composed of members who were not members of the mili-
tary commission which first heard the case. 
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‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehear-
ing— 
‘‘(A) the accused may not be tried for any of-
fense of which he was found not guilty by the first 
military commission; 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 of-
fense is mandatory. 
‘‘(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 specifica-
tions upon which the pretrial agreement was based, or oth-
erwise does not comply with pretrial agreement, the sen-
tence as to those charges or specifications may include any 
punishment not in excess of that lawfully adjudged at the 
first military commission. 
‘‘§ 950f. Review by Court of Military Commission Re-
view 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish a Court of Military Commission Review 
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