 then   determined   that    the    vessel   was

"without nationality," as Aybar conceded to the District Court was

true, and boarded it.1           The men on board the vessel, including

Aybar, were transferred to HMS Lancaster along with the packages

that were taken from the vessel.

              A narcotics field test performed on board HMS Lancaster

confirmed that the packages contained cocaine.                  At this point,

Aybar was transferred to a United States Coast Guard vessel and

transported to Puerto Rico, where he was held in custodyby United

States law enforcement.

              On August 13, 2013, a federal grand jury in the District

of   Puerto    Rico    returned    an    indictment   against      Aybar.     The

indictment charged him under the MDLEA with conspiring to possess

with intent to distribute cocaine on board a vessel subject to the

jurisdiction of the United States, in violation of 46 U.S.C.

§ 70506(b) (count one), and aiding and abetting possession with

intent to distribute cocaine on board a vessel subject to the

jurisdiction of the United States, in violation of 46 U.S.C.

§§ 70502(c)(1)(A),       70503(a)(1),  