Court of Appeals for the Armed Forces

United States v. Flores

Under the new sentencing rules, the CCA must assess the appropriateness of each segment of the sentence per specification and overall. Concurrening, CJ Ohlson makes a point that reaches back to charging decisions, e.g., bridge cases.

However, this can be a hazardous legal path to tread when, as here, the CCAs are applying a new statutory provision. We have entered an era where there are many changes afoot in the military justice system. Mischief will result if this Court fails not only to provide crisp, clear guidance to the CCAs about the practical effects of those changes[.]

CAAF does not say what happens when the CCA finds that each segment to confinement is appropriate, but the sentence overall is inappropriately severe (probably because it wasn't a QP). The answer may be complicated depending on whether the segments are to run concurrently or consecutively.

"We find that each segment of the sentence is appropriate for the specification. However, we find the effective combined sentence inappropriately severe," check the decretal paragraph.

​In addition to reviewing the appropriateness of each segment, the CCAs must also continue to review the appropriateness of the entire sentence.