United States v. Martin Caicedo Raul Medina Moreno Enrique Huilas-Cortez Ricardo Ramirez-Correra Jesus Alberto Garcia-Castro Antonio Marquez-Castro, 47 F.3d 370 (9th Cir. 1995). · Go Syfert
United States v. Martin Caicedo Raul Medina Moreno Enrique Huilas-Cortez Ricardo Ramirez-Correra Jesus Alberto Garcia-Castro Antonio Marquez-Castro, 47 F.3d 370 (9th Cir. 1995). Cases Citing This Book View Copy Cite
“as a matter of comity and fairness, such an intrusion should not be undertaken absent proof that there is a connection between the criminal conduct and the united states sufficient to justify the united states' pursuit of its interests.”
88 citation events (60 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. Valderrama Carvajal (dcd, 2013-02-20)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 37 distinct citers.
examined Cited as authority (verbatim quote) United States v. Valderrama Carvajal (3×) also: Cited "see, e.g."
D.D.C. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
as a matter of comity and fairness, such an intrusion should not be undertaken absent proof that there is a connection between the criminal conduct and the united states sufficient to justify the united states' pursuit of its interests.
discussed Cited as authority (rule) United States v. Luis Marin (2×)
9th Cir. · 2024 · confidence medium
While “foreign flag vessels are generally accorded the right of undisturbed navigation on the high seas,” Rubies, 612 F.2d at 402 , stateless vessels are “international pariahs,” United States v. Caicedo, 47 F.3d 370, 372 (9th Cir. 1995).
examined Cited as authority (rule) United States v. Aybar-Ulloa (4×) also: Cited "see", Cited "see, e.g."
1st Cir. · 2021 · confidence medium
United States v. Rendon, 354 F.3d 1320, 1325 (11th Cir. 2003) (quoting United States v. Caicedo, 47 F.3d 370, 373 (9th Cir. - 12 - 1995)); see also United States v. Rubies, 612 F.2d 397, 402-03 (9th Cir. 1979) ("A foreign flag[ged] vessel is thereby protected by her country of registration. . . .
discussed Cited as authority (rule) United States v. Van Der End
2d Cir. · 2019 · confidence medium
That is 2 because stateless “vessels are international pariahs” that “subject themselves to 3 the jurisdiction of all nations solely as a consequence of the vessel’s status as 4 stateless.” United States v. Caicedo, 47 F.3d 370, 372 (9th Cir. 1995) (internal 5 quotation marks omitted).
discussed Cited as authority (rule) 2
2d Cir. · 2019 · confidence medium
That is 2 because stateless “vessels are international pariahs” that “subject themselves to 3 the jurisdiction of all nations solely as a consequence of the vessel’s status as 4 stateless.” United States v. Caicedo, 47 F.3d 370, 372 (9th Cir. 1995) (internal 5 quotation marks omitted).
discussed Cited as authority (rule) United States v. Trinidad (2×)
1st Cir. · 2016 · confidence medium
A common view is that ‘‘stateless vessels do not fall within the veil of another sovereign's territorial protection” and therefore “all nations can treat them as their own territory and subject them to their laws.” United States v. Moreno-Morillo, 334 F.3d 819, 828 (9th Cir. 2003) (quoting United States v. Caicedo, 47 F.3d 370, 373 (9th Cir. 1995)).
discussed Cited as authority (rule) United States v. Mongol Nation
C.D. Cal. · 2015 · confidence medium
“In ruling on a pre-trial motion to dismiss an indictment for failure to state an offense, the district court is bound by the four corners of the indictment.” United States v. Boren, 278 F.3d 911, 914 (9th Cir.2002) (citing United States v. Jensen, 93 F.3d 667, 669 (9th Cir.1996); United States v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995); United States v. Buckley, 689 F.2d 893, 897 (9th Cir.1982); United States v. Thordarson, 646 F.2d 1323 , 1337 n. 25 (9th Cir.1981)).
cited Cited as authority (rule) United States v. Ali
D.D.C. · 2012 · confidence medium
See Shi, 525 F.3d at 724 (citing United States v. Moreno-Morillo, 334 F.3d 819 , 828 (9th Cir.2003); United States v. Caicedo, 47 F.3d 370, 372 (9th Cir. 1995)).
discussed Cited as authority (rule) Goldberg v. UBS AG
E.D.N.Y · 2010 · confidence medium
Although compliance with international law alone will not render the extraterritorial application of federal *109 law constitutional, it remains relevant to the analysis of whether a defendant could reasonably expect to be subject to the United States law, and in'turn, whether the application of that law can be considered arbitrary or fundamentally unfair. 27 See U.S. v. Davis, 905 F.2d 245 , 249 n. 2 (9th Cir.1990) (noting in dicta that principles of international law are “useful as a rough guide” in determining whether a sufficient nexus exists, but that ultimate question is whether extr…
discussed Cited as authority (rule) United States v. Angulo-Hernández (2×) also: Cited "see, e.g."
1st Cir. · 2009 · confidence medium
See Perlaza, 439 F.3d at 1168 (“The nexus requirement is a judicial gloss applied to ensure that a defendant is not improperly haled before a court for trial.... [It] serves the same purpose as the minimum contacts test in personal jurisdiction.” (internal quotation marks omitted)); United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995) (“A defendant would have a legitimate expectation that because he has subjected himself to the laws of one nation, other nations will not be entitled to exercise jurisdiction without some nexus.”); see also Restatement (Third) of Foreign Relations La…
discussed Cited as authority (rule) United States v. Angulo-Hernández (2×) also: Cited "see, e.g."
1st Cir. · 2009 · confidence medium
See Perlaza, 439 F.3d at 1168 ("The nexus requirement is a judicial gloss applied to ensure that a defendant is not improperly haled before a court for trial.... [It] serves the same purpose as the minimum contacts test in personal jurisdiction." (internal quotation marks omitted)); United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995) ("A defendant would have a legitimate expectation that because he has subjected himself to the laws of one nation, other nations will not be entitled to exercise jurisdiction without some nexus."); see also Restatement (Third) of Foreign Relations Law § 403…
discussed Cited as authority (rule) United States v. Lei Shi
9th Cir. · 2008 · confidence medium
Yet in United States v. Caicedo, 47 F.3d 370 (9th Cir.1995), we concluded that due process does not require any such nexus when the MDLEA is applied to foreign defendants apprehended on stateless vessels because “[s]uch vessels are international pariahs,” that, “by attempting to shrug the yoke of any nation’s authority, ... subject themselves to the jurisdiction of all nations.” Id. at 372 (internal quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Shi
9th Cir. · 2008 · confidence medium
Yet in United States v. Caicedo, 47 F.3d 370 (9th Cir. 1995), we concluded that due process does not require any such nexus when the MDLEA is applied to for- eign defendants apprehended on stateless vessels because “[s]uch vessels are international pariahs,” that, “by attempting to shrug the yoke of any nation’s authority, . . . subject them- selves to the jurisdiction of all nations.” Id. at 372 (internal quotation marks and citation omitted). [6] We need not determine whether the Full Means No. 2 was a foreign-flag or stateless vessel at the time it was inter- cepted by the Coast G…
discussed Cited as authority (rule) United States v. Geovanni Quintero Rendon
11th Cir. · 2003 · confidence medium
“Because stateless vessels do not fall within the veil of another sovereign’s territorial protection, all nations can treat them as their own territory and subject them to their laws.” United States v. Caicedo, 47 F.3d 370, 373 (9th Cir.1995).
cited Cited as authority (rule) United States v. Sharron Bynum
9th Cir. · 2003 · confidence medium
Id. (quoting United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995)).
cited Cited as authority (rule) United States v. Ramos
9th Cir. · 2002 · confidence medium
United States v. Caicedo, 47 F.3d 370, 373 (9th Cir.1995).
cited Cited as authority (rule) United States v. Rahmani
C.D. Cal. · 2002 · confidence medium
U.S. v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Allan Boren
9th Cir. · 2002 · confidence medium
See United States v. Jensen, 93 F.3d 667, 669 (9th Cir.1996); United States v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995); United States v. Buckley, 689 F.2d 893, 897 (9th Cir.1982); United States v. Thordarson, 646 F.2d 1323 , 1337 n. 25 (9th Cir.1981).
discussed Cited as authority (rule) United States v. Bin Laden
S.D.N.Y. · 2000 · confidence medium
It ensures that a United States court will assert jurisdiction only over a defendant who ‘should reasonably anticipate being haled into court’ in this country.”); United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995) (“[P]unishing a' crime committed on foreign soil ... is an intrusion into the sovereign territory of another nation.
discussed Cited as authority (rule) United States v. Valdes-Santana
D.P.R. · 2000 · confidence medium
Furthermore, evidence seized from the vessel itself is clearly not subject to suppression since stateless vessels are international pariah, see United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995); United States v. Pinto-Mejia, 720 F.2d 248 , 261 (2nd Cir.1983), modified, 728 F.2d 142 (2nd Cir.1984), and the Customs agents, having failed to violate the Fourth Amendment, were implementing their clearly established statutory authority in boarding and searching the suspect vessel.
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Michael MEDJUCK, Defendant-Appellant
9th Cir. · 1998 · confidence medium
In deciding the nexus issue, the district court defined “nexus” according to United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995), as “a connection between the criminal conduct and the United States sufficient to justify the United States’ pursuit of its interests.” Medjuck I, 937 F.Supp. at 1381 (internal quotations omitted).
discussed Cited as authority (rule) United States v. Klimavicius-Viloria
9th Cir. · 1998 · confidence medium
At the time of the appellants’ trial, jurisdiction was an element of the offenses of which they were convicted. 1 Under 46 U.S.C. app. § 1903(a) (1994), the vessel involved in the alleged criminal conduct must be “subject to the jurisdiction of the United States.” The appellants argue that to establish jurisdiction the government must prove nexus—that is, “a connection between the criminal conduct and the United States sufficient to satisfy the United States’ pursuit of its interests.” United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995).
discussed Cited as authority (rule) ca9 1998
9th Cir. · 1998 · confidence medium
At the time of the appellants' trial, jurisdiction was an element of the offenses of which they were convicted. 1 24 Under 46 U.S.C. app. § 1903(a) (1994), the vessel involved in the alleged criminal conduct must be "subject to the jurisdiction of the United States." The appellants argue that to establish jurisdiction the government must prove nexus--that is, "a connection between the criminal conduct and the United States sufficient to satisfy the United States' pursuit of its interests." United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Greer
D. Vt. · 1998 · confidence medium
Among the factors that may be considered are: whether drugs were ultimately bound for the United States (United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995)); whether the attempted transaction is aimed at causing criminal acts within the United States (Davis, 905 F.2d at 249 ); the citizenship of the defendants (United States v. Rasheed, 802 F.Supp. 312 (D.Haw.1992)); and the extent to which activity furthering the eonspiracy took place on United States soil (Id.).
discussed Cited as authority (rule) United States v. White
E.D. Cal. · 1997 · confidence medium
First, where the government seeks to prosecute a United States citizen for acts occurring in foreign lands, due process does not require a demonstration of “nexus.” See Juda, 46 F.3d at 966-67 (noting that prior cases requiring a nexus involved situations where the United States sought to prosecute foreign nationals); United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995) (“The nexus requirement in Davis is grounded on the international law principles applicable to foreign flag vessels.”).
cited Cited as authority (rule) United States v. Jensen
9th Cir. · 1996 · confidence medium
United States v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995); United States v. Buckley, 689 F.2d 893, 897 (9th Cir.1982), cert. denied, 460 U.S. 1086 , 103 S.Ct. 1778 , 76 L.Ed.2d 349 (1983).
cited Cited as authority (rule) ca9 1996
9th Cir. · 1996 · confidence medium
United States v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995); United States v. Buckley, 689 F.2d 893, 897 (9th Cir.1982), cert. denied, 460 U.S. 1086 , 103 S.Ct. 1778 , 76 L.Ed.2d 349 (1983).
discussed Cited as authority (rule) United States v. Medjuck
N.D. Cal. · 1996 · confidence medium
Recently, the Ninth Circuit observed that the MDLEA “extends the United States’ jurisdiction over stateless vessels on the high seas without enumerating any further requirements, and particularly without requiring that there be a nexus between a defendant’s conduct aboard a stateless vessel and the United States.” United States v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995). 10 If nexus were a component of the jurisdictional element of the offense, it would of necessity have to be proved to the jury beyond a reasonable doubt in every MDLEA prosecution since all elements of an offense must…
discussed Cited "see" ca9 2003 (2×) also: Cited "see, e.g."
9th Cir. · 2003 · signal: see · confidence high
See Caicedo, 47 F.3d at 373 , and Juda, 46 F.3d at 966-67 .
discussed Cited "see" United States v. Moreno-Morillo (2×) also: Cited "see, e.g."
9th Cir. · 2003 · signal: see · confidence high
See Caicedo, 47 F.3d at 373 , and Judo, 46 F.3d at 966-67 .
discussed Cited "see" United States v. Grass
M.D. Penn. · 2003 · signal: accord · confidence high
In addressing a motion pursuant to Rule 12(b)(3)(B), the indictment “is to be tested solely on the basis of the allegations made on its face, and such allegations are to be taken as true.” United States v. Hall, 20 F.3d 1084, 1087 (10th Cir.1994); accord United States v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995); United States v. Cadillac Overall Supply Co., 568 F.2d 1078, 1082 (5th Cir.1978).
discussed Cited "see" United States v. Suerte
5th Cir. · 2002 · signal: see · confidence high
See United States v. Caicedo, 47 F.3d 370, 373 (9th Cir.1995) (“Because stateless vessels do not fall within the veil of another sovereign’s territorial protection, all nations can treat them as their own territory and subject them to their laws.”).) b.
discussed Cited "see" United States v. Savchenko
S.D. Cal. · 2001 · signal: see · confidence high
See United States v. Caicedo, 47 F.3d 370 (9th Cir.1995); United States v. Khan, 35 F.3d 426 (9th Cir.1994); United States v. Rojas, 53 F.3d 1212 (11th Cir.), cert. denied, 516 U.S. 976 , 116 S.Ct. 478 , 133 L.Ed.2d 407 (1995).
discussed Cited "see, e.g." ca9 2006 (2×)
9th Cir. · 2006 · signal: see also · confidence medium
United States v. Medjuck (" Medjuck II "), 48 F.3d 1107, 1111 (9th Cir.1995); see also Moreno-Morillo, 334 F.3d at 828 ; United States v. Klimavicius-Viloria, 144 F.3d 1249, 1256-59 (9th Cir.1998); United States v. Khan, 35 F.3d 426, 429-30 (9th Cir.1994); Davis, 905 F.2d at 248-49 ; United States v. Peterson, 812 F.2d 486, 493 (9th Cir.1987). 14 There is one exception, however, to this "constitutional jurisdiction" requirement: "[i]f a vessel is deemed stateless, there is no requirement that the government demonstrate a nexus between those on board and the United States before exercising juri…
examined Cited "see, e.g." United States v. Perlaza (4×)
9th Cir. · 2006 · signal: see also · confidence medium
United States v. Medjuck (“Medjuck II”), 48 F.3d 1107, 1111 (9th Cir.1995); see also Moreno-Morillo, 334 F.3d at 828 ; United States v. Klimavicius-Viloria, 144 F.3d 1249, 1256-59 (9th Cir. 1998); United States v. Khan, 35 F.3d 426, 429-30 (9th Cir. 1994); 2582 UNITED STATES v. PERLAZA Davis, 905 F.2d at 248-49 ; United States v. Peterson, 812 F.2d 486, 493 (9th Cir. 1987).14 There is one exception, how- ever, to this “constitutional jurisdiction” requirement: “[i]f a vessel is deemed stateless, there is no requirement that the government demonstrate a nexus between those on board an…
discussed Cited "see, e.g." United States v. Brown
10th Cir. · 1998 · signal: see also · confidence medium
Generally, an indictment is to be tested "solely on the basis of the allegations made on its face, and such allegations are to be taken as true." United States v. Hall, 20 F.3d 1084, 1087 (10th Cir.1994); see also United States v. Caicedo, 47 F.3d 370, 371 (9th Cir.1995); United States v. Cadillac Overall Supply Co., 568 F.2d 1078, 1082 (5th Cir.1978).
cited Cited "see, e.g." United States v. Greer
D. Vt. · 1997 · signal: see also · confidence medium
See also United States v. Caicedo, 47 F.3d 370, 372 (9th Cir.1995) (no nexus required when case involved foreign nationals aboard stateless vessel on the high seas).
UNITED STATES of America, Plaintiff-Appellant,
v.
Martin CAICEDO; Raul Medina Moreno; Enrique Huilas-Cortez; Ricardo Ramirez-Correra; Jesus Alberto Garcia-Castro; Antonio Marquez-Castro, Defendants-Appellees
John R. Kraemer, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellant., Mark F. Fleming, Federal Defenders of San Diego, Judi M. Sanzo, Nancee Schwartz, Robert L. Swain, Swain & Vance, Victor M. Torres, San Diego, CA,' Craig E. Weinerman, Asst. Federal Public Defender, Portland, OR, for defendants-appellees.
Farris, Poole, Kozinski.
Cited by 41 opinions  |  Published
FARRIS, Circuit Judge:

We must decide whether the Maritime Drug Law Enforcement Act, 46 U.S.C. app. §§ 1901-1903, can be applied, consistent with due process, to defendants apprehended aboard a “stateless” vessel on the high seas when there is no nexus between the defendants and the United States.

I. BACKGROUND

This is an appeal from the district court’s order granting a defense motion to dismiss. We accept the facts alleged by the government as true. United States v. Buckley, 689 F.2d 893, 897 (9th Cir.1982), cert. denied, 460 U.S. 1086, 103 S.Ct. 1778, 76 L.Ed.2d 349 (1983).

On November 15, 1993, the United States Coast Guard apprehended the six defendants, all foreign nationals, on a thirty-five foot power boat floating dead in the water approximately 200 miles off the coast of Nicaragua and 2,000 miles from San Diego. The defendants’ boat was not registered to any nation, and it flew no nation’s flag. Before being boarded by the Coast Guard, the defendants jettisoned 2,567 pounds of cocaine into the ocean. The Coast Guard recovered the cocaine. The government acknowledges “[tjhere was no evidence that the vessel, its cargo or its crew were destined for the United States, or that any part of the criminal venture occurred in the United States.”

Each of the defendants was charged with possession of cocaine with intent to distribute and conspiracy in violation of 46 U.S.C. app. § 1903(a), (j). The district judge dismissed the complaint, concluding that because the government failed to demonstrate any nexus with the United States, prosecution was “arbitrary and fundamentally unfair under the Fifth Amendment.” We have jurisdiction, 18 U.S.C. § 3731, and reverse.

II. DISCUSSION

We review de novo the dismissal of an indictment on due process grounds. United States v. Barrera-Moreno, 951 F.2d 1089, 1091 (9th Cir.1991), cert. denied, — U.S. -, 113 S.Ct. 417, 121 L.Ed.2d 340 (1992).

Section 1903(a) makes it “unlawful for any person on board a vessel ... subject to the jurisdiction of the United States, ... to knowingly or intentionally ... possess with intent to ... distribute, a controlled substance.” A “vessel subject to the jurisdiction of the United States” is defined to include “a vessel without nationality.” 46 U.S.C. app. § 1903(c)(1)(A). The act explicitly provides for extraterritorial effect. § 1903(h). Moreover, it extends the United States’ jurisdiction over stateless vessels on the high seas without enumerating any further requirements, and particularly without requiring that there be a nexus between a defendant’s conduct aboard a stateless vessel and the United States. See § 1903(c)(1)(A); United States v. Alvarez-Mena, 765 F.2d 1259, 1264 (5th Cir.1985) (discussing similar provision in predecessor statute). On its face, the act applies to the defendants’ conduct.

The defendants’ due process argument is premised primarily on our recent statement that “[i]n order to apply extraterritorially a federal criminal statute to a defendant consistently with due process, there must be a sufficient nexus between the defendant and the United States.” United States v. Davis, 905 F.2d 245, 248-49 (9th Cir.1990), cert. denied, 498 U.S. 1047, 111 S.Ct. 753, 112 L.Ed.2d 773 (1991). Davis examined the application of § 1903 to a defendant apprehended on the high seas aboard a ship of British registry. We found the nexus requirement satisfied by facts indicating that the defendant intended to smuggle drugs into the United States. 905 F.2d at 249. Davis’s nexus requirement has been reiterated in United States v. Aikins, 946 F.2d 608, 613 (9th Cir.1990) and United States v. Kahn, 35 F.3d 426, 429-30 (9th Cir.1994).

[*372] Davis, Aikins and Kahn do not control the result in this case. Those cases all involved defendants apprehended on foreign flagged vessels. The radically different treatment afforded to stateless vessels as a matter of international law convinces us that there is nothing arbitrary or fundamentally unfair about prosecuting the defendants in the United States. We decline the defendants’ invitation to extend Davis and its progeny to a stateless vessel on the high seas.

Principles of international law are “useful as a rough guide” in determining whether application of the statute would violate due process. Davis, 905 F.2d at 249 n. 2. The First, Second, Fourth, Fifth and Eleventh Circuits agree that the United States may exercise jurisdiction consistent with international law over drug offenders apprehended aboard stateless vessels on the high seas without demonstrating any nexus to the United States. United States v. Victoria, 876 F.2d 1009, 1110-11 (1st Cir.1989); United States v. Alvarez-Mena, 765 F.2d 1259, 1265 (5th Cir.1985); United States v. Pinto-Mejia, 720 F.2d 248, 261 (2d Cir.1983), modified, 728 F.2d 142 (2d Cir.1984); United States v. Marino-Garcia, 679 F.2d 1373, 1383 (11th Cir.1982), cert. denied, 459 U.S. 1114, 103 S.Ct. 748, 74 L.Ed.2d 967 (1983); United States v. Howard-Arias, 679 F.2d 363, 371-72 (4th Cir.), cert. denied, 459 U.S. 874, 103 S.Ct. 165, 74 L.Ed.2d 136 (1982). We have recognized the substantial protections forfeited by stateless vessels on the high seas. United States v. Rubies, 612 F.2d 397, 403 (9th Cir.1979), cert. denied, 446 U.S. 940, 100 S.Ct. 2162, 64 L.Ed.2d 794 (1980).

There is much discussion in the briefs and the district court opinion regarding objective territorial, protective and universal jurisdiction. These are each principles of international law that provide a basis for one nation to apply its law extraterritorially. United States v. Vasquez-Velasco, 15 F.3d 833, 840 (9th Cir.1994). Under appropriate circumstances, these principles would allow the United States to exercise jurisdiction over another nation’s vessel operating on the high seas. However, international law “restrictions on the right to assert jurisdiction over foreign vessels on the high seas and the concomitant exceptions have no applicability in connection with stateless vessels.” Marino-Garcia, 679 F.2d at 1382. Such vessels are “international pariahs.” Id. By attempting to shrug the yoke of any nation’s authority, they subject themselves to the jurisdiction of all nations “solely as á consequence of the vessel’s status as stateless.” Id. at 1383 (emphasis in original).

The nexus requirement in Davis is grounded on the international law principles applicable to foreign flag vessels. The Davis court cited United States v. Peterson, 812 F.2d 486, 493 (9th Cir.1987) for this requirement. Peterson, in turn, concluded that evidence showing that drugs were bound for the United States provided “more than a sufficient nexus” to justify jurisdiction. 812 F.2d at 493. However, the only case cited in the relevant portion of Peterson deals with the nexus required under international law for jurisdiction over foreign flag vessels. Id. (citing United States v. Baker, 609 F.2d 134 (5th Cir.1980)). According to the Baker court’s own statement, that case “appeared] to have no constitutional implications.” 609 F.2d at 136. In any event, subsequent to Baker, the Fifth Circuit concluded that when a stateless vessel was involved, § 1903’s substantially similar predecessor did not impose any such nexus requirement, and omission of this requirement, was consistent with due process. Alvarez-Mena, 765 F.2d at 1264-66.

A nexus requirement, imposed as a matter of due process, makes sense when the “rough guide” of international law also requires a nexus. A defendant would have a legitimate expectation that because he has subjected himself to the laws of one nation, other nations will not be entitled to exercise jurisdiction without some nexus. Punishing crimes committed on a foreign flag ship is like punishing a crime committed on foreign soil; it is an intrusion into the sovereign territory of another nation. As a matter of comity and fairness, such an intrusion should not be undertaken absent proof that there is a connection between the criminal conduct and the United States sufficient to justify the United States’ pursuit of its interests. But where a defendant attempts to avoid the law[*373] of all nations by travelling on a stateless vessel, he has forfeited these protections of international law and can be charged with the knowledge that he has done so. Marino-Garcia, 679 F.2d at 1384 n. 19. Because stateless vessels do not fall within the veil of another sovereign’s territorial protection, all nations can treat them as their own territory and subject them to their laws. Id. at 1382-83.

The result we reach is consistent with all other federal circuits that have addressed the question. [1] The Third Circuit has held directly that § 1903 can be applied consistently with due process to punish conduct aboard a foreign flag vessel even when there is no nexus with the United States. United States v. Martinez-Hidalgo, 993 F.2d 1052, 1056 (3d Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 699, 126 L.Ed.2d 666 (1994). Although many of the other circuit court decisions cited above focussed primarily on the international law question, opinions from the Fourth, Fifth and Eleventh Circuits explicitly acknowledge and reject any due process problem. Alvarez-Mena, 765 F.2d at 1266 (5th Cir.) (elimination of a nexus requirement permissible “at least where, as here, there is no basis for any claim of due process violation”); Howard-Arias, 679 F.2d at 371-72 (4th Cir.) (affirming as consistent with due process jurisdiction over defendants apprehended on stateless vessels with “intent to distribute [narcotics] anywhere”); Marino-Garcia, 679 F.2d at 1384 (11th Cir.) (“[Failure to unmistakably accede to the authority of a single sovereign while traversing the high seas will render [ship’s occupants] subject to the criminal jurisdiction of the United States. The Constitution does not require more.”).

The defendants do not point to any jurisdiction where the conduct they are alleged to have been engaged in was legal, nor are we aware of any. See 46 U.S.C. app. § 1902 (“trafficking in controlled substances aboard vessels is a serious international problem and is universally condemned”). These defendants “should therefore have been on notice that the United States or any other nation eoneerned with drug trafficking” could subject their vessel to its jurisdiction. Marino-Garcia, 679 F.2d at 1384 n. 19.

REVERSED and REMANDED.

1

. The result is also consistent with United States v. Juda, 46 F.3d 961 (9th Cir.1995), filed Febra-aiy 2, 1995.