United States v. Caldwell

Judge PERLAK,

joined by Judge PAYTON-O’BRIEN, (concurring in part and dissenting in part):

I respectfully dissent from so much of the majority opinion as affirms the finding of guilty for the charge and specification under Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921, larceny.

We review a military judge’s decision to accept a guilty plea for an abuse of discretion and questions of law arising from the guilty plea de novo. If there is a substantial basis in either law or fact for questioning the plea, then we may set aside a finding of guilty based on the plea. United States v.…