intended for distribution" in the United States; he
"did not commit any offense against a vessel of the United States";
and he was "located by and taken in custody aboard" a foreign
warship.


                                        - 10 -
invariant in the relevant respect from the Founding to the present

-- treats drug trafficking and a nation's power to prosecute it in

circumstances like those involved here.

           We note that, in advancing this argument about the

content   of     international    law,United States.     No concrete evidence suggests that the

drugs aboard this specific vessel were intended for distribution

in the United States.    Aybar did not commit any offense against a

vessel or citizen of the United States, or within the United

States' territory.   Save for the fact that he was intercepted by

officers of the United States Coast Guard, who in fact were aboard

a foreign vessel, there is absolutely nothing connecting Aybar to

the United States.      The United States nexus was artificially

provided by the actions of the United States, a unique condition

unheard of in the criminal law -- in which it is the government

that provides one of the elements of the crime that is charged.


      