6 M.J. 600 | U.S. Army Court of Military Review | 1978
OPINION OF THE COURT ON FURTHER REVIEW
This case is again before us for review after a “limited rehearing on the question of jurisdiction” was held at the direction of the United States Court of Military Appeals. United States v. Eggleston, 4 M.J. 88 (C.M.A.1977). The appellant was convicted initially of two specifications of distributing LSD.
The appellant before us argues that jurisdiction over the remaining offense was not established beyond a reasonable doubt and that the convening authority failed to approve or disapprove the findings of the military judge. We disagree with both contentions.
The military judge made detailed special findings as to all factors that must be evaluated in determining the jurisdiction issue. His findings were supported overwhelmingly by the evidence. All negotiations occurred on post during duty hours in the company area among soldiers of the same unit. No negotiations or arrangements occurred off post except the transfer itself. We think the latter insufficient to overcome the factors weighing in favor of the Government’s interest. We find, as did the military judge, service connection and, therefore, jurisdiction over the offense.
The findings of guilty and the sentence are affirmed.
. Charged under Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892.
. Appellant’s contention that the standard of proof on the jurisdiction issue is proof beyond a reasonable doubt is incorrect. As this is not a military type offense and does not involve a factual dispute as to the place or date of the offense, the proper standard is preponderance of the evidence. Cf. United States v. Ornelas, 2 U.S.C.M.A. 96, 6 C.M.R. 96 (1952); United States v. Jessie, 5 M.J. 573 (A.C.M.R.1976).