Zakharov

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-50214 Plaintiff-Appellee, v.  D.C. No.

CR-01-01652-6-JM

ANATOLI ZAKHAROV,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Argued November 3, 2004 Submitted November 7, 2006 Pasadena, California

Filed November 15, 2006

Before: A. Wallace Tashima, Raymond C. Fisher, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman

18597 UNITED STATES v. ZAKHAROV 18601

COUNSEL

Michael L. Crowley, San Diego, California, for the defendant- appellant.

David Jonathan Weiner, United States Department of Justice, Washington, D.C., William V. Gallo, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

OPINION

TALLMAN, Circuit Judge:

We confront the constitutional limits of our extraterritorial jurisdiction in yet another major drug-smuggling operation on the waters of the eastern Pacific Ocean. Anatoli Zakharov appeals his jury conviction for (1) conspiracy to possess over…