U.S. v. Leese, 85 M.J. 482

Trial Stages: Sentence and Punishment: Generally

1. when Congress first enacted the UCMJ, courts-martial adjudged only one sentence even if they found the accused guilty of multiple offenses; in the Military Justice Act of 2016, Congress introduced segmented sentencing in which a separate term of confinement and fine is adjudged for each specification for which there was a finding of guilty when sentencing is conducted by the military judge; so, instead of unitary sentencing in the military justice system, we now have segmented sentencing

Trial Stages: Sentence and Punishment: Credits

1. confinement credit mandated by US v. Pierce, 27 MJ 367 (CMA 1989), applies only to a segmented sentence that corresponds to an offense that previously served as the basis for nonjudicial punishment; Pierce credit does not apply to an aggregate term of confinement
2. deterring the government from improperly placing a servicemember in pretrial confinement is patently distinct from ensuring that a convicted servicemember receives sentencing credit at a court-martial if he already had received nonjudicial punishment for the same offense via a lawful Article 15
3. Pierce confinement credit should be applied only to the segmented sentence for the offense previously punished under Article 15, UCMJ, and not to the total sentence to confinement when the accused is convicted of other offenses; this ensures an accused is not punished twice for the same offense while also ensuring the accused does not receive credit when no credit is due; whether the military judge determines the sentences to confinement shall run concurrently or consecutively, the result is the same; the accused receives relief that is effective and meaningful towards the offense for which he has already been punished and not towards an offense for which he has not

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. the proper application of a confinement credit, to include Pierce credit, is a question of law reviewed de novo