Last week, NMCCA issued this published en banc opinion analyzing Fosler in the context of a guilty plea breaking restriction case in which the spec’s sufficiency wasn’t challenged at trial. United States v. Hackler, __ M.J. __, No. NMCCA 201100323 (N-M. Ct. Crim. App. Dec. 22, 2011) (en banc). Judge Flynn wrote for the majority. Chief Judge Reismeier, joined by Senior Judge Maksym, joined in the majority opinion but wrote separately to provide an extended analysis of the post-Fosler state of the law. Judge Perlak concurred in the result, concluding that it was sufficient for his resolution of the case that a breaking restriction spec necessarily implies prejudice to good order and discipline.