United States v. Butler

A special court-martial composed of officer and enlisted members convicted appellant of assault and battery and indecent assault, in violation of Articles 128 and 134, Uniform Code of Military Justice, 10 USC §§ 928 and 934, respectively. The approved sentence provides for a bad-conduct discharge and confinement for 4 months. The Court of Military Review affirmed the findings and sentence in an unpublished opinion.

We granted appellant’s petition for review to consider whether the military judge committed plain error when he ordered the panel to reconsider its illegal sentence without properly…