lack of

what Aybar claimed to be any constitutionally sufficient nexus

between   his   charged    conduct     and    the    United   States,    because

Congress's power under Article I of the Constitution "[t]o define

and punish Piracies and Felonies committed on the high Seas, and

Offences against the Law of Nations," U.S. Const. art. I, § 8, cl.

10, did not extend to his conduct in such circumstances.

           The government opposed Aybar's motion.                 The District

Court denied Aybar's motion on December 22, 2014 and issued a nunc


    to object to the

exercise of jurisdiction over them by the United States."           The

District   Court    therefore   concluded   that   Aybar's   "as-applied

constitutional challenge fails" because his vessel was stateless.

           Following a change of plea hearing, Aybar entered a

guilty plea to all charges on March 11, 2015.         At that hearing,

Aybar engaged in the following colloquy with the Magistrate Judge:

           The Magistrate:  Now, do you admit that in
           addition to the