Jung

MEMORANDUM *

On April 29, 1993, Arthur Jung, aka Peter Sotirkys (hereinafter “Sotirkys”), was convicted by a jury of violating 46 U.S.C. app. §§ 1903(a) and (j), the Maritime Drug Law Enforcement Act (“MDLEA”), for his role in conspiring to import hashish into the United States. In 1995, we reversed Sotirkys’ conviction because the district court had erred by not recognizing that jurisdiction was an element of the crime to be decided by the jury. On remand, the district court presented this issue for the jury. The district court also held that nexus was a question for the court rather than the jury, and that a sufficient nexus existed between Sotirk-ys’ conduct and the United States.

On December 12, 1996, a jury convicted Sotirkys of (1) aiding and abetting an American citizen on board a foreign vessel in the distribution of hashish and (2) aiding and abetting the distribution of hashish on board a vessel subject to the jurisdiction of the United States. Sotirkys again appealed his conviction but agreed that the nexus *603 issue would be determined by the outcome of his co-conspirator’s case. In United States v. Medjuck, 156 F.3d 916 (9th Cir.1998) (Medjuck III), we held that…