United States v. Michael Medjuck, and Arthur John Jung, AKA Charles Peter Sotirkys

Michael Medjuck and Arthur John Jung, aka Charles Peter Sotirkys (hereinafter “So-tirkys”), appeal from judgments of conviction for violations of the Maritime Drug Law Enforcement Act (MDLEA), 46 U.S.C.App. §§ 1903-04. They contend that the district court erred by ruling as a matter of law that statutory and constitutional requirements for assertion of subject matter jurisdiction were satisfied in this case. We agree that the district court erred by not submitting the jurisdictional element of the crime to the jury, and by not requiring the government to demonstrate a sufficient nexus between defendants and the United States to satisfy due process. Accordingly, we'reverse and remand for further proceedings.

FACTS AND PRIOR PROCEEDINGS

Medjuek, a Canadian citizen, and Sotirkys, an American citizen, were members of an extensive international conspiracy to smuggle drugs. The conspirators owned and operated a ship, the Saratoga Success, in which they attempted to transport 28 tons of hashish from Pakistan to Canada. The Saratoga Success never reached Canada. After a series of incidents, the ship beached in the Philippines. Sotirkys thereafter met with other conspirators in…