WHETHER THE PROSECUTION OF MR. VARGAS - AN
ECUADORIAN NATIONAL WITH NO TIES TO THE UNITED
STATES — FOR TRAFFICKING CONTROLLED SUBSTANCES IN
INTERNATIONAL WATERS, EXCEEDS CONGRESS'
ENUMERATED POWERS.

WHETHER THE MARITIME DRUG LAW ENFORCEMENT ACT IS
UNCONSTITUTIONAL BECAUSE THE DUE PROCESS CLAUSE
OF THE FIFTH AMENDMENT REQUIRES EVIDENCE THAT A
NEXUS EXISTS BETWEEN THE ACTIONS OF A DEFENDANT
AND THE UNITED STATES IN ORDER TO PROCEED WITH A
PROSECUTION UNDER THE MARITIME DRUG LAW
ENFORCEMENT ACT.

WHETHER THE DUE PROCESS CLAUSE REQUIRES THAT
JURISDICTION BE INCLUDED AS AN ELEMENT UNDER THE
MARITIME DRUG LAW ENFORCEMENT ACT AND THAT IT BE
PROVEN TO A JURY BEYOND A REASONABLE DOUBT IN
ORDER TO COMPLY WITH THE PROTECTIONS OF THE FIFTH
AND SIXTH AMENDMENTS.

Whether the prosecution of Mr. Vargas - an Ecuadorian national with no ties to the United States - for trafficking controlled substances in international waters, exceeds Congress' enumerated powers