Whether the Maritime Drug Law Enforcement Act exceeds Congress' power under the Felonies Clause

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70503 et. sec., which criminalizes foreign drug trafficking offenses committed aboard vessels on the high seas, without requiring any nexus between the offense and the United States, exceeds Congress’ power to “define and punish Felonies committed on the high Seas” under art. I, § 8, cl. 10 of the United States Constitution. 2. Whether a defendant’s “decision to go to trial” is “not an improper factor” for the district court to consider in sentencing. ii INTERESTED PARTIES AND