Does the United States jurisdiction over a vessel under 46 U.S.C. § 70504(a) present a question of subject-matter-jurisdiction?

QUESTIONS PRESENTED I. Does the United States jurisdiction over a vessel under 46 U.S.C. § 70504(a) present a question of subject matter jurisdiction? II. Do bedrock plea-bargain principles allow an appellate court to evade review of a constitutional jurisdiction question by allowing the Government to assert a fact-dependent basis of jurisdiction beyond the parties’ contemplation at the time the plea-bargain was struck? If not, must the court of appeals reinstate the now-vacated panel opinion holding that 46 U.S.C. § 70502(d)(1)(C) exceeds the scope of the Felonies Clause? i PARTIES Jeffri Davila-Reyes, Petitioner, was the defendantappellant below. The United States of America, Respondent, was the plaintiff-appellee below.