The Second Circuit has determined that the pre-2016 Uniform Code of Military Justice’s sentencing scheme leaves uncertainty as to how much time was imposed for each individual count in a multi-conviction case. That is because prior to 2016, the UCMJ imposed a single sentence for all counts, without specifying how much time was applicable to each conviction. As such, the Department of Homeland Security was unable to prove that a sentence of at least one year was imposed on the petitioner’s theft conviction.
The full text of Persad v. Barr can be found here:
http://www.ca2.uscourts.gov/decisions/isysquery/4a1b588c-0ed3-41f3-bf58-4d50ee1ec5cb/1/doc/17-661_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/4a1b588c-0ed3-41f3-bf58-4d50ee1ec5cb/1/hilite/