Court of Appeals for the Armed Forces April 18, 2005, 04-5002/AF (United States v. Carter)

CRAWFORD, Judge

(dissenting):

If there was error in this case, it was not plain error: it neither “affect[ed Appellee’s] substantial rights,” nor “seriously affect[ed] the fairness, integrity, or public reputation of judicial proceedings.” Johnson v. United States, 520 U.S. 461, 466-67, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997).