Whether 46 U.S.C. § 70502(d)(1)(C) of the Maritime Drug Law Enforcement Act exceeds Congress's power under the Define and Punish Clause by defining a vessel as stateless based on a claimed nation's statement that it neither can confirm nor deny nationality, rather than requiring an affirmative denial of nationality as required by customary international law.

Whether the Ninth Circuit correctly applied the standard for granting or denying a writ of certiorari in a criminal case involving procedural or substantive legal errors