United States v. Caldwell

Judge OHLSON

delivered the opinion of the Court.

Contrary to his pleas, a panel of officer and enlisted members sitting as a general court-martial convicted Appellant, in relevant part, of maltreatment in violation of Article 93, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 893 (2012). We granted review to determine whether the military judge’s instructions were plainly erroneous in light of the Supreme Court’s recent holding in Elonis v. United States, — U.S. -, 135 S.Ct. 2001, 192 L.Ed.2d 1 (2015). Based on the two factors outlined below, we conclude they were not.

First, because of…