Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jury consideration of factual disputes about a vessel's nationality

QUESTIONS PRESENTED 1. Whether the Fifth and Sixth Amendments are violated by the provision of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70504(a), precluding jury consideration of factual disputes about a vessel’s nationality — and therefore whether its occupants are subject to the jurisdiction of the United States — because the statute deems these matters “preliminary questions of law to be determined solely by the trial judge.” The Second Circuit concluded below that this provision does not violate the constitution, which is in conflict with the holding of the Ninth Circuit. 2. Whether the Due Process Clause permits a foreign national to be criminally prosecuted in this country for conduct occurring abroad without any nexus between the conduct and the United States.