United States v. Anatoli Zakharov

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 9200 kilograms of cocaine with intent to distribute on board a vessel, and (2) possession of cocaine with intent to distribute on board a vessel. He challenges the amended Maritime Drug Law Enforcement Act (“MDLEA”), codified at 46 U.S.C. app. §§ 1901-1904, as unconstitutional on the grounds that Congress removed jurisdiction from the enumerated elements of the maritime drug-smuggling offense that must be decided by a jury beyond a reasonable doubt. He also challenges the district court’s failure to suppress evidence of his confession and the sufficiency of evidence supporting his convictions.

We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm Zakharov’s convictions. First, the MDLEA is constitutional as applied to Zakharov. Facts underlying statutory jurisdiction were not contested, and determination of constitutional nexus jurisdiction is properly within the province of the court, not the jury. Second, we find the evidence…