United States v. Aybar-Ulloa

BARRON, Circuit Judge.

Johvanny Aybar-Ulloa ("Aybar") pleaded guilty in 2015 to two counts of drug trafficking in international waters while aboard a "stateless" vessel in violation of the Maritime Drug Law Enforcement Act ("MDLEA"), 46 U.S.C. §§ 70501 -08. He now challenges those convictions on the ground that Congress lacks the authority under Article I, Section 8, Clause 10 of the United States Constitution to criminalize his conduct, given that he contends that the conduct for which he was convicted lacks any nexus to the United States. Aybar separately challenges the sentence that he…