Full opinion text
AMENDED MEMORANDUM OPINION LYNCH, District Judge. I. INTRODUCTION This case charges the defendants with a maritime conspiracy spanning several years and various nations. The object was to un-port 70 tons of hashish from Pakistan to North America aboard a freighter called the Lucky Star. The 70-ton load of hashish made its way to the middle of the Pacific Ocean. Over two tons of hashish were transferred from the Lucky Star to an offload vessel and taken to California, where a number of the conspirators were arrested. The maritime drug conspiracy ended after the United States Navy interdicted the Lucky Star and its 68 remaining tons of hashish on the high seas. Defendants Michael Medjuck and Charles Peter Sotirkys, along with defendants Dennis Feroce, Jack Hayden, Raymond Ainge, Barry Shantz, and Larry Stanley, were charged in a 28-count superseding indictment with, inter alia, three counts of violating the Maritime Drug Law Enforcement Act, (“MDLEA”), 46 U.S.CApp. § 1903, relating to the 70 tons of hashish on board the Lucky Star. The MDLEA prohibits the possession, manufacture, or distribution of controlled substances on board a vessel subject to the jurisdiction of the United States. 46 U.S.CApp. § 1903. This Court initially ruled that the government did not have the burden of showing a nexus between the defendants and the United States in order to proceed with this prosecution. The Court also ruled that, as a matter of law, the Lucky Star was a vessel subject to the jurisdiction of the United States. On April 16, 1993, defendant Med-juck entered a conditional plea of guilt, reserving the right to appeal the Court’s ruling on the issue of nexus. On April 29, 1993, a jury returned a verdict of guilt on the three MDLEA counts against defendant Sotirkys. Following the verdict against Sotirkys, on August 30, 1993, this Court issued an Order of clarification holding that there was sufficient evidence of nexus, including both evidence that the conspiracy was conducted in part in the United States, and evidence “from which a reasonable jury could conclude that the hashish was intended for distribution in the United States.” Defendants Medjuck and Sotirkys both appealed. In United States v. Medjuck, 48 F.3d 1107 (9th Cir.1995), the Ninth Circuit ruled that this Court erred “by not submitting to the jury the question whether the Lucky Star was ‘a vessel subject to the jurisdiction of the United States.’ ” Medjuck, 48 F.3d at 1110. Medjuck held that the statutory jurisdictional requirement of the MDLEA is an element of the offense and therefore a question for the jury. Id. The Medjuck court also ruled a prosecution pursuant to the MDLEA required a showing that it did not violate due process.' Id. at 1110-11. The court held that “[d]ue process is not offended as long as there is a sufficient nexus between the conduct condemned and the United States.” Id. at 1111. Medjuck held that this Court “erred by ruling as a matter of law that the government need not demonstrate nexus in this case.” Id. The court held that “the government has the burden of demonstrating such a nexus and that the defendants should have the opportunity for rebuttal on remand.” Id. The matter was reversed and remanded. A number of issues regarding nexus have been raised, including whether nexus is an issue for the Court or for the jury, the applicable standard of proof, and the appropriate definition of nexus. The Court held an evidentiary hearing on nexus on February 27 and 28 and April 3, 1996. In an Order dated April 4, the Court memorialized the oral ruling it made on these issues prior to the nexus hearing. The Court found that the government had borne its burden of showing nexus with respect to defendant Sotirkys, but at Medjuck’s request, deferred its ruling on nexus until his Rule 29 motion. The Court also denied defendant Sotirkys’ motion to dismiss the indictment on double jeopardy grounds, but permitted him to file an interlocutory appeal. The Court severed defendants Medjuck and Sotirkys, and Medjuck’s trial began on April 10, 1996. Medjuck was convicted of Counts 1, 2, and 3 of the superseding indictment and acquitted of the charges relating to the offloaded 2.4 tons. In this opinion, the Court explains its reasoning on nexus issues. The Court holds that nexus is a question for the Court rather than for the jury, and that the government has the burden of showing nexus by a preponderance of the evidence. The Court also defines nexus, which is a due process requirement, as a connection between the criminal conduct and the United States sufficient to justify the United States’ pursuit of its interests. Finally, the Court finds that nexus has been shown as to defendant Medjuck and defendant Sotirkys. II. LEGAL ANALYSIS A. WTio Decides Nexus ? The first question the Court addresses is that of who decides nexus, namely, whether it is a question for the Court or for the jury. Following the decision in Medjuck, all parties appeared to have assumed, as did this Court, that nexus was a matter for the Court to determine following an evidentiary hearing. In keeping with that assumption, an evidentiary hearing was scheduled. During the course of briefing regarding the hearing, defendants cited United States v. Amparo, 68 F.3d 1222 (9th Cir.1995). In Amparo, a decision about whether possession of an unregistered sawed-off shotgun was, as a matter of law, a “crime of violence,” the Ninth Circuit stated: [i]n Medjuck, we held that whether a vessel is within the jurisdiction of the United States — an element of a maritime drug statute — required a factual determination as to whether there was a nexus between the United States and the defendants. The court erroneously made that determination as a matter of law. It should have instructed that the jury must find nexus in order for the court to have jurisdiction. Id. at 1226. In addition, while the nexus hearing was being held, the Ninth Circuit’s decision in the appeal of Raymond Ainge was rendered. Ainge, one of Medjuck’s co-defendants, was convicted of, inter alia, the 3 MDLEA counts of the superseding indictment. In an unpublished, per curiam opinion, the Ninth Circuit stated: We reversed in Medjuck because the district court failed to instruct the jury to establish the statutory and constitutional jurisdictional requirements for conviction under the MDLEA by finding that the Lucky Star was a vessel subject to the jurisdiction of the United States, and that a sufficient nexus existed between the conduct condemned and the United States. United States v. Raymond Sander Ainge, No. 94-10589 slip op. at 2, 1996 WL 155137 (9th Cir. Apr. 2, 1996). Amparo and Ainge opened up the question of who decides the issue of nexus, and this question has been thoroughly briefed and argued. The statements in these two cases interpreting Medjuck as requiring that the question of nexus be submitted to the jury has given this Court serious pause, particularly in light of the fact that one Ninth Circuit judge heard the appeals of both Med-juck and Ainge. However, the Court has carefully reviewed the Medjuck opinion, has analyzed the MDLEA and the case law interpreting it, and has reviewed the meaning of the due process requirement of nexus. In light of this analysis, and for the reasons set forth in greater detail infra, the Court is compelled to conclude that the statements in Amparo and Ainge are both dicta and inaccurate. For a number of reasons, the Court finds that it, rather than the jury, should determine nexus. 1. Medjuck Decision In making this determination, the Court first looks to the Ninth Circuit’s decision in Medjuck. There, the Ninth Circuit analytically separated the statutory and constitutional requirements of jurisdiction. In section 1 of its discussion, titled “Jurisdiction ”, the Medjuck court noted that “[defendants contend that the district court erred by determining as a matter of law that the statutory and constitutional requirements for assertion of subject matter jurisdiction were satisfied in this case.” In subsection a, captioned “Statutory Requirements ”, the Court held that whether a vessel is “subject to the jurisdiction of the United States” “is an element of the crime charged and therefore must be decided by the jury.” Medjuck, 48 F.3d at 1110. The Ninth Circuit explicitly held that it was error “not to submit the jurisdictional element to the jury.” Id. In subsection b, titled “Constitutional Requirements ”, the Ninth Circuit turned to the constitutional element of jurisdiction and held that the Due Process Clause of the Fifth Amendment required the government to demonstrate “a sufficient nexus between the conduct condemned and the United States.” Id. at 1110-11. In its discussion of the constitutional requirements of jurisdiction, the Ninth Circuit did not say that the question of nexus was a question for the jury, as it explicitly held in discussing the statutory requirement that a vessel be subject to the jurisdiction of the United States. Instead, the Ninth Circuit held “neither defendant has had the opportunity to rebut the evidence relied upon by the district court in its clarification order.” Id. at 1111. The Ninth Circuit did not state that it was error for the Court, rather than the jury, to make this determination, but rather found that it was error to do so in the absence of an opportunity for rebuttal by the defendants. It appears that if the Ninth Circuit were holding that the question of nexus was one for the jury, it would have expressly said so. A careful reading of Medjuck thus shows two holdings: first, the government must prove to a jury beyond a reasonable doubt that the vessel is “a vessel subject to the jurisdiction of the United States” within the meaning of the MDLEA; second, the government “has the burden of demonstrating” a nexus between the “conduct condemned and the United States.” Id. These two holdings are set forth in the Conclusion, in which the Ninth Circuit held “that the district court erred by not submitting the jurisdictional element of the crime to the jury and by ruling that the government was not required to demonstrate a nexus between defendants and the United States.” Id. Not only does a close reading of Medjuck demonstrate that nexus is not a jury question, a review of the oral argument before the Ninth Circuit, although certainly not determinative, lends support to the proposition that it is a court question. At the beginning of oral argument, Judge Pamela Rymer questioned whether there were “two components to a jurisdictional inquiry” in this case, noting both the statutory element of jurisdiction, and the “overlay question of whether there is a due process, as to compliance and whether exercising jurisdiction enforcement in due process. Clearly, the due process inquiry, it seems to me, could not possibly be a jury question.” (Emphasis added.) To this statement, counsel for Medjuck agreed by saying “No.” Counsel for Medjuck continued to contend that defendants were entitled to an evidentiary hearing on the issue, arguing that Medjuck was asking for the Ninth Circuit first to rule that nexus was required, secondly, to define nexus, and finally, to require an evidentiary hearing. He did not suggest in oral argument that nexus was a question to be submitted to the jury. Counsel for Sotirkys argued that based on the Court’s pretrial ruling, he presented no evidence of nexus and submitted that he was entitled to a hearing on remand to determine whether nexus was shown as to him. He also did not argue in oral argument that he was entitled to present the question of nexus to the jury. In colloquy with counsel for the government, Judge Rymer stated that this Court “didn’t instruct the jury to find [nexus]. Although, if the jury was to find, if the jury was instructed ...” However, that inquiry was never pursued. Counsel for the government asserted that nexus could be proved at trial, and that an evidentiary hearing was not required. The Court is aware that statements of individual judges during an oral argument are not binding in any way. However, since the Court is in a position of resolving the ambiguities left by the decisions in Medjuck, Amparo, and Ainge, statements in oral argument are instructive. Several things can be gleaned from the colloquy. First, it suggests that the defendants explicitly sought an evi-dentiary hearing on remand, and did not ask for remand of the nexus issue to the jury. Second, it suggests that the focus of the judges on the panel was whether the defendants were entitled to an evidentiary hearing. Finally, the question of whether the issue could be determined at trial, rather than by an evidentiary hearing, was raised by counsel for the government. However, though invited to do so by the government, the Ninth Circuit did not explicitly rule that the nexus question should be submitted to the jury. Instead, the Medjuck opinion held that “the government has the burden of demonstrating such a nexus and the defendants should have an opportunity for rebuttal on remand.” Medjuck, 48 F.3d at 1111. Accordingly, the decision in Medjuck, as illuminated' by the oral argument, holds that an evidentiary hearing, rather than a jury determination, is required. 2. Amparo and Ainge Both Amparo and Ainge read Medjuck as holding that nexus was a jury question. The Amparo Court stated that Medjuck held that this Court “should have instructed that the jury must find nexus in order for the court to have jurisdiction.” Amparo, 68 F.3d at 1226. In Ainge, the Ninth Circuit stated that it had reversed in Medjuck because this Court did not submit both the statutory jurisdictional question and the constitutional nexus question to the jury. Ainge, slip op. at 2, 1996 WL 155137. A review of these cases demonstrates that these comments were both dicta and inaccurate readings of Medjuck. In Amparo, the issue before the Court was whether possession of an unregistered sawed-off shotgun was, as a matter of law, a “crime of violence” within the meaning of 18 U.S.C. § 924(c)(3)(B). The Amparo trial court instructed the jury that such possession is a crime of violence as a matter of law. The Ninth Circuit affirmed, finding that the question is not properly committed to the jury. The court held “whether possession of a sawed-off shotgun is a crime of violence is a matter of law once the jury has determined the factual predicate that the defendant possessed an unregistered sawed-off shotgun.” Id. at 1226. In dicta, the Amparo court distinguished its case from Medjuck, characterizing Medjuck as having held that this Court “should have instructed that the jury must find nexus in order for the court to have jurisdiction.” Id. The Amparo court did not analyze the MDLEA, the meaning of nexus, or the jurisdictional prerequisites in a case involving a drug seizure on the high seas. While Ainge directly addressed the MDLEA, its reference to jury consideration of nexus was dicta. Defendant Ainge was convicted of three counts of violating the MDLEA and of several counts relating to the 2.4 ton California load. On appeal, he argued that his MDLEA convictions should be reversed because they suffered] from the same errors that compelled [the Ninth Circuit] to reverse code-fendants’ convictions in United States v. Medjuck ... specifically, the refusals to instruct on the jurisdictional element essential under the MDLEA and to require the government to show nexus necessary to satisfy the Due Process Clause. Opening Brief for Defendant-Appellant Ainge at 7. Defendant Ainge argued that this Court’s failure to instruct on the jurisdictional element of the MDLEA was reversible error in Medjuck, and that Ms MDLEA convictions “were secured by the same reversible errors in instruction.” Opening Brief at 11. Ainge additionally argued that this error “tainted jurors’ comprehension and deliberation of the entire ease” and on that basis sought reversal of all counts. In a separately articulated argument, Ainge contended that his due process rights were violated by the Court’s ruling that the government need not prove nexus. He specifically protested that he “was deprived of any evidentiary hearing on nexus.” Opening Brief at 12. The government conceded that Ainge’s maritime drug convictions “must be reversed for the reasons stated in Medjuck, 48 F.3d at 1101-11: failure both to demonstrate nexus and to submit to the jury the question of whether the United States had jurisdiction to prosecute under the Maritime Act.” Appel-lee’s Brief at 33-34. In reversing Ainge’s MDLEA convictions, the Ninth Circuit stated that the convictions of Medjuck and Sotirkys were reversed “because of infirmities in the jury instructions,” slip op. at 2,1996 WL 165137, and noted that the government conceded that Ainge’s convictions “must be reversed for similar reasons.” In rejecting Ainge’s argument that the failure to instruct the jury on the jurisdictional element of the MDLEA tainted all of his convictions, the Ainge court stated: We reversed in Medjuck because the district court failed to instruct the jury to establish the statutory and constitutional jurisdictional requirements for conviction under the MDLEA by finding that the Lucky Star was a vessel subject to the jurisdiction of the United States, and that a sufficient nexus existed between the conduct condemned and the United States. Id. The quoted language appears to suggest that the “constitutional jurisdictional requirements for conviction under the MDLEA” are requirements on which the jury should be instructed. However, it is dicta. The issue of whether the constitutional question of nexus was a jury question did not play a role in the Ninth Circuit’s determination that errors in the jury instructions for the MDLEA counts did not taint the jury instructions regarding the other counts. Instead, the Ninth Circuit noted that “[t]he district court instructed the juiy separately with respect to the other counts, which had no such peculiar independent jurisdictional requirement.” Id. Moreover, the parties in Ainge did not address the issue of whether the due process requirement is a question for the jury, nor did the Ainge court analyze that difficult question. Indeed Ainge did not complain to the Ninth Circuit that this Court failed to present the question of nexus to the jury. In fact, rather than asking for a jury determination of nexus, Ainge protested only that he “was deprived of any evidentiary hearing on nexus.” Opening Brief at 12. The Ainge court’s statement is dicta. In addition to referring to Medjuck's two holdings in dicta, it appears that both Amparo and Ainge have conflated those holdings. As stated above, a close reading of the Med-juck decision reveals two separate holdings. Because both holdings relate to jurisdictional requirements, albeit different jurisdictional requirements, it is apparent that a quick reading could merge the distinct analyses and conclusions. However, the Ninth Circuit separately considered and addressed the constitutional and statutory jurisdictional requirements of the MDLEA. The Medjuck court held that the statutory requirement that a vessel be “subject to the jurisdiction of the United States” was a jury question. Medjuck, 48 F.3d at 1110. It also separately held that the MDLEA has a constitutional requirement of nexus, which the government must prove in an evidentiary hearing. Id. at 1110-11. The Medjuck court did not hold that the due process question of nexus should have been submitted to the jury. Id. The Court finds that these separate holdings have been inappropriately fused by the dicta statements in both Ainge and Amparo. Neither court separately analyzed the two holdings and both inaccurately read Medjuck as holding that the jury should decide both the statutory and constitutional elements of jurisdiction. But based on its analyzes of Medjuck and of Ainge and Amparo, as well as of other authorities discussed in detail infra, the Court finds that these cases do not require it to present the constitutional due process question of nexus to the jury. 3. MDLEA Authorities The Court next looks to whether other Ninth Circuit authority, or indeed any authority, requires the Court to submit the nexus issue to the jury. The parties have cited and the Court has located, no MDLEA case in which a jury, rather than the court, decides the issue of nexus. Instead, it appears that the nexus question is routinely decided by courts rather than by juries. For instance, in United States v. Davis, 905 F.2d 245 (9th Cir.1990), the defendant’s motion to dismiss for lack of jurisdiction was denied. The Ninth Circuit affirmed, holding “[t]he facts found by the district court in denying Davis’ motion to dismiss for lack of jurisdiction” were “sufficient to establish a nexus between the Myth and the United States.” Davis, 905 F.2d at 249 (emphasis added). Similarly, the issue of nexus appears to have been decided by the trial courts in both United States v. Aikens, 685 F.Supp. 732 (D.Hawai'i 1988); on appeal United States v. Aikins, 946 F.2d 608 (9th Cir.1990), and United States v. Peterson, 812 F.2d 486 (9th Cir.1987). In Aikins, the issue was decided on a motion to suppress. Aikins, 685 F.Supp. at 741, Aikins, 946 F.2d at 611. Likewise, in Peterson, defendants moved to suppress evidence seized on the high seas. Following denial of their motion to suppress, the defendants entered conditional pleas of guilt and were convicted of conspiracy by the district court on stipulated facts. The Ninth Circuit affirmed, concluding that jurisdiction over the defendants was proper because there was “more than a sufficient nexus with the United States.” Peterson, 812 F.2d at 493. More recently, in United States v. Khan, 35 F.3d 426 (9th Cir.1994), the defendants moved to dismiss arguing that the MDLEA as applied to them violated the Due Process Clause. The motion to dismiss was denied, and the defendants entered conditional pleas of guilt, reserving the right to challenge the jurisdictional issue. The district court found that there was a sufficient nexus, United States v. Rasheed, 802 F.Supp. 312 (D.Hawai‘i 1992), and the Ninth Circuit affirmed. Khan, 35 F.3d 426. The Khan court nowhere suggested that the district court erred in deciding the motion to dismiss, or in failing to find that due process was a question for the jury. Based on this authority, this Court finds that case law does not support turning the question of nexus over to the jury. 4. Statutory Construction The Court next considers the MDLEA itself. Although the plain language of the statute itself does not contain a nexus requirement, the Ninth Circuit has imposed one in certain types of MDLEA prosecutions. See, e.g., Davis, 905 F.2d at 248-49 (“In 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 so that application would not be arbitrary or fundamentally unfair.”); see also, Medjuck, 48 F.3d at 1111; Aikins, 946 F.2d at 613. Defendants argue that although nexus is not mentioned in the MDLEA, it should be considered an element of the offense, and therefore a question for the jury. They argue that the term “a vessel subject to the jurisdiction of the United States” is subject to judicial gloss, and that such gloss includes the constitutional nexus requirement. In support, Medjuck cites United States v. Nash, 76 F.3d 282 (9th Cir.1996). In that case, the Ninth Circuit held that while 18 U.S.C. § 1014, which prohibits false statements to banks, does not expressly require such false statements to be material, materiality was an element of the offense which must be decided by the jury. Id. at 284. See also, United States v. Gaudin, — U.S. -, -, 115 S.Ct. 2810, 2313, 132 L.Ed.2d 444 (1995) (“materiality” is an element of the offense proscribed in 18 U.S.C. § 1001); United States v. Nukida, 8 F.3d 665 (9th Cir.1993) (holding the term “affecting interstate commerce” is an element of offense to be submitted to jury). Medjuck argues that similarly, although nexus is not expressly required by the MDLEA, it should be considered an element of the offense and therefore decided by the jury. This argument fails as a matter of logic. The MDLEA provides that any one of the following types of vessels can be “a vessel subject to the jurisdiction of the United States”: (A) “a vessel without nationality”; (B) “a vessel assimilated to a vessel without nationality” as defined in the 1958 Convention on the High Seas; (C) “a vessel registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of United States Law by the United States”; (D) “a vessel located within the customs waters of the United States”; or (E) “a vessel located in the territorial waters of another nation, where the nation consents to the enforcement of United States law by the United States.” 46 U.S.CApp. § 1903(c)(l)(A)-(E). If nexus were a judicial gloss on the meaning of “a vessel subject to the jurisdiction of the United States,” logic dictates that nexus would have to be shown in prosecutions involving each of the types of vessels enumerated in the MDLEA. However, this is not the ease. In United States v. Juda, 46 F.3d 961, 965 (9th Cir.1995), the Ninth Circuit held that nexus need not be shown with respect to a “vessel without nationality,” 46 U.S.C.App. § 1903(c)(1)(A), that is, a stateless vessel. The Juda court found that “[njeither our court, nor any other circuit, however, has ever held that a nexus requirement is constitutionally required to support jurisdiction over a stateless vessel.” Juda, 46 F.3d at 966-67. 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). 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 be proved to the jury. Gaudin, — U.S. at -, 115 S.Ct. at 2313. As an element of the offense, it would have to be proved in prosecutions involving stateless vessels as well as vessels in which the flag nation has consented to jurisdiction. There is no statutory or logical reason to find that nexus is an element in certain MDLEA prosecutions and not in others. Because nexus is not required in MDLEA prosecutions involving stateless vessels, it is necessarily not an element of the crime. Since nexus cannot be an element of the offense, the authorities cited by the defendants for the proposition that all elements of an offense must be provided to a jury beyond a reasonable doubt are therefore inapposite. See, e.g., Gaudin, — U.S. at -, 115 S.Ct. at 2313; Nash, 76 F.3d at 284; Nukida, 8 F.3d at 672. The Court thus finds that the MDLEA does not require that nexus be proved to the jury. 5. Analogous Questions Having looked to the MDLEA and cases interpreting it, the Court now analyzes whether constitutional questions, including ones of due process, are generally jury questions in similar circumstances. Courts have held that constitutional questions that are unrelated to guilt or innocence are to be resolved by the court rather than by the jury. Learned author Charles Wright noted that there is little case law on this issue, but that “what there is distinguishes between the issue of guilt and innocence, for which a jury is required, and issues affecting the government’s right to prosecute, for which no jury is needed.” 1 Wright, Federal Practice and Procedure: Criminal 2d § 194 (1982). Courts have found that challenges to the institution of a prosecution are appropriately directed to the trial court, and not the jury. For example, in United States v. MacDougall, 790 F.2d 1135, 1141 (4th Cir.1986), the Fourth Circuit considered whether a prosecution violated the Fifth Amendment’s bar on double jeopardy. In deciding that the matter was one for the court, the MacDou-gall court held that a double jeopardy challenge does not go to guilt or innocence, but instead goes to “the right of the government to bring the action itself.” Id. at 1141. Mac-Dougall committed the double jeopardy question to the court rather than a jury, determining, “[t]he appellants’ double jeopardy claims did not implicate the issue of appellants’ guilt or innocence, which a jury must decide, but rather the right of the government to bring the action itself. Guilt or innocence is immaterial to the disposition of double jeopardy claims.” Id. Similarly, in United States v. Berrigan, 482 F.2d 171 (3d Cir.1973), defendants challenged their prosecution as discriminatory in violation of the Equal Protection Clause. The Third Circuit held that “[t]he question of discriminatory prosecution relates not to the guilt or innocence of appellants, but rather addresses itself to a constitutional defect in the institution of the prosecution.” Id. at 175. The Berrigan court held that this constitutional question is one for the court and not the jury. Id. In other circumstances, constitutional questions are also resolved by trial courts rather than juries. For example, it is well settled that a court and not a jury determines the constitutional question of whether a confession is voluntary or not. United States v. Raddatz, 447 U.S. 667, 678, 100 S.Ct. 2406, 2413-14, 65 L.Ed.2d 424 (1980); Lego v. Twomey, 404 U.S. 477, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972). Answering this question does “not coincide with the criminal law objective of determining guilt or innocence.” Raddatz, 447 U.S. at 678, 100 S.Ct. at 2413. In determining the voluntariness of a confession, the trial court holds a hearing. While the issue in a suppression hearing is in part evidential^, and therefore a question for the court pursuant to Federal Rule of Evidence 104(a), it is also a constitutional question and equally directed to the court. Id. at 678 n. 4, 100 S.Ct. at 2413 n. 4. Similarly, due process rights are decided by the court in a hearing pursuant to Kastigar v. United States, 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972). In a Kastigar hearing, the court determines whether the government has borne its burden of showing that evidence used against a witness who has given compelled testimony is not derived from that compelled testimony. Id. This due process question, which does not involve matters of guilt or innocence, is a question for the court. Id. Likewise, the issue of government misconduct is one for the court rather than a jury. Government misconduct cases present the question of whether “the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.” United States v. Russell, 411 U.S. 423, 431-32, 93 S.Ct. 1637, 1643, 36 L.Ed.2d 366 (1973). The “defense” of governmental misconduct is a question for the court! See, e.g., United States v. Bogart, 783 F.2d 1428 (9th Cir.1986), vacated only as to separate defendant in United States v. Wingender, 790 F.2d 802 (9th Cir.1986). However, “[although outrageous govemmen-tal conduct is sometimes referred to as a ‘defense,’ it is not an affirmative defense to entrapment. Rather, this ‘defense’ is merely a claim that the government’s conduct was so outrageous that due process principles require dismissal of the indictment.” United States v. Slaughter, 891 F.2d 691, 695 (9th Cir.1989). In such cases, the trial court holds an evidentiary hearing on the “jurisdictional challenge” to the prosecution. United States v. Matta-Ballesteros, 71 F.3d 754, 764 (9th Cir.1995) (trial court held limited eviden-tiary hearing on defendant’s “jurisdictional challenge” based on claim that he was tortured by government agents); Bogart, 783 F.2d at 1432 (matter remanded for trial court’s findings of fact on due process challenge of outrageous government conduct). See also, Slaughter, 891 F.2d at 696 (trial court held evidentiary hearing on issue of outrageous government conduct). Defendant Medjuck argued at oral argument (but not in any of his briefs) that the question of nexus is analogous to entrapment, which is a question for the jury and not the court. Mathews v. United States, 485 U.S. 58, 63, 108 S.Ct. 883, 886, 99 L.Ed.2d 54 (1988). The Court disagrees. The Supreme Court has held that “the issue whether a defendant has been entrapped is for the jury as part of its function of determining the guilt or innocence of the accused.” Sherman v. United States, 356 U.S. 369, 377, 78 S.Ct. 819, 823, 2 L.Ed.2d 848 (1958) (footnote omitted). However, as just discussed, questions relating to guilt or innocence go to the jury; constitutional questions do not. The nexus question, like inquiries into outrageous government conduct or double jeopardy or discriminatory prosecution (but unlike entrapment), does not ask whether the defendant had the mens rea and actus reus necessary for committing the crime alleged, or whether the government can prove all the elements of the offense beyond a reasonable doubt. Instead, nexus is simply a question of whether the United States can, consistent with principles of due process, reach out and prosecute these defendants. Medjuck, 48 F.3d at 1111. Nexus is not a question of guilt or innocence. Therefore, it is a question for the court and not a jury. 6. Nexus Is A Court Question To summarize the preceding discussion, in Medjuck, the Ninth Circuit explicitly held that whether a ship was “a vessel subject to the jurisdiction of the United States” was a question for the jury; it did not so hold for the question of nexus, which was the subject of a separate holding. See Section II.A.1., supra. In no other MDLEA case has nexus been submitted to the jury. See Section II.A.3, supra. The references to jury determination of nexus are simply dicta in both Amparo and Ainge and are based on an imprecise reading of Medjuck. See Section H.A.2., supra. In addition,, the MDLEA does not make jurisdiction an element of the offense, and there is no justification for requiring nexus as an element when jurisdiction is conferred because a flag nation has consented, but not when jurisdiction results because the vessel is stateless. See Section II.A.4, supra. Finally, nexus, like other due process and constitutional questions, is not a question of guilt or innocence, and therefore is not the kind of question that goes to the jury. See Section II.A.5, supra. The Court accordingly concludes that nexus is a question for it rather than a jury. B. Burden of Proof The Court next determines the applicable burden of proof. The government argues its burden is one of the preponderance of the evidence; the defendants seek proof either beyond a reasonable doubt or by clear and convincing evidence. While no case has directly addressed this question, the weight of authority sustains a finding that the burden of proof is a preponderance of the evidence. As an initial matter, because the Court has determined that nexus is a question for it rather than for the jury, and that nexus is not an element of the crime, there is little support for a standard of proof beyond a reasonable doubt. Additionally, courts which have reviewed nexus appear to have applied a preponderance of the evidence standard. For example, in Davis, the Ninth Circuit held that evidence that the vessel was 35 miles from and headed toward San Francisco when first detected, that it was many miles from the standard route to Acapulco, that it was on the list of suspected drug-smuggling boats, and that it was unusual for a boat of its size to have sailed from Hong Kong, was “sufficient to establish a nexus” between the ship and the United States. Davis, 905 F.2d at 249. Similarly, in Peterson, the Ninth Circuit found there was “substantial evidence” in support of nexus. Peterson 812 F.2d at 493. In Khan, the Ninth Circuit held that the facts found by the district court “support a holding that there was a sufficient nexus between the LUCKY STAR and the United States.” Khan, 35 F.3d at 429. The Khan court specifically held that the defendants’ argument that “the evidence relied upon by the district court is not determinative because contrary evidence exists.... is of no avail.” Id. at 430. Though none of these cases specifically hold that the correct standard is a preponderance of the evidence, they cannot be read to require proof beyond a reasonable doubt, or even proof by clear and convincing evidence. Finally, in circumstances in which resolution of a constitutional question “has nothing whatever to do with improving the reliability of jury verdicts,” Lego v. Twomey, 404 U.S. at 486, 92 S.Ct. at 625, the Supreme Court has held that proof by a preponderance of the evidence is sufficient. In Lego, the Supreme Court held that proof that a confession was voluntary could be made by a preponderance of the evidence, rather than beyond a reasonable doubt, because the resolution of the question did not affect the reliability of a guilty verdict, nor was the voluntariness of the confession an element of the offense. Id. at 487, 92 S.Ct. at 625-26. See also, Section II.A.5, supra. Similarly, the Ninth Circuit has held that the government may meet its Kastigar burden by a preponderance of the evidence. United States v. Rogers, 722 F.2d 557, 560 (9th Cir.1983); United States v. Contreras, 755 F.2d 733, 735 (9th Cir.1985). The question of nexus, like the questions raised in Lego and Kastigar, does not affect the reliability of a verdict, nor does it relate to the issues of guilt or innocence. Instead, it goes to the constitutional propriety of the prosecution. For these reasons, the Court finds that the appropriate evidentiary standard is proof by a preponderance of the evidence. C. Destination and Nexus 1. Case Law The Court now turns to what constitutes a showing of nexus, and whether nexus requires that the drugs be destined for the United States. The Ninth Circuit has employed a flexible standard for determining whether nexus exists such that prosecution of a particular defendant does not violate due process. Courts have focused on the “ultimate question” of nexus: “would application of the statute to the defendant be arbitrary or fundamentally unfair.” Davis, 905 F.2d at 249 n. 2. For instance, the Peterson court looked to whether the “attempted transaction is aimed at causing criminal acts within the United States.” 812 F.2d at 493. See also, Davis, 905 F.2d at 249. In Aikins, the Ninth Circuit held that “[d]ue process is not offended by the extent of the jurisdiction created if there is a sufficient nexus between the conduct condemned and the United States.” Aikins, 946 F.2d at 613. In Khan, the court held that “[t]o meet the nexus requirement, the government must show that the plan for shipping the drugs was likely to have effects in the United States.” Khan, 35 F.3d at 429. While the Ninth Circuit has not determined whether a “minimal contacts” test satisfies the due process nexus requirement, see Judo, 46 F.3d at 966, it is clear that due process is satisfied “as long as there is a sufficient nexus between the conduct condemned and the United States.” Medjuck, 48 F.3d at 1111. To date, the Ninth Circuit has not announced an explicit definition of nexus. In particular, the Ninth Circuit has firmly resisted defining nexus as a showing of United States destination, despite several opportunities to do so and despite the urging of the defendants. See, e.g., Davis, 905 F.2d 245; Peterson, 812 F.2d 486; Aikins, 946 F.2d 608; Khan, 35 F.3d 426; Medjuck, 48 F.3d 1107. Defendants vigorously argue that a showing of nexus requires the government to establish that the drugs were ultimately bound for the United States. This Court disagrees. It is true that in a number of eases, nexus has been demonstrated by a showing that the drugs were destined for the United States. For example, in Aikins, the court held that “a sufficient nexus exists where the ship with drugs is bound ultimately for the United States.” Aikins, 946 F.2d at 613-14. See also, Peterson, 812 F.2d at 493 (nexus was shown when there was “substantial evidence that the drugs were bound ultimately for the United States.”) In Davis, the court examined a number of factors in determining that nexus had been demonstrated, including the location and probable destination of the boat, as well as evidence supporting the conclusion that it was a drug-smuggling ship. Davis, 905 F.2d at 249. However, while it is clear that a United States destination is sufficient to show nexus, it is not necessary for a nexus showing. In Khan, the district court looked at a number of factors in finding nexus, including the fact that Americans controlled the movements of the Lucky Star, the conspiracy was coordinated and controlled in the United States, the Lucky Star had backup landing sites in the United States, and that the conspirators’ plan called for ultimate distribution in the United States. Khan, 35 F.3d at 429. The Ninth Circuit found the most important of these factors were the plan to transport the drugs to the United States, and the backup plan to land in Alaska or California. Id. However, Khan did not specifically hold that United States destination was required in order to allow the government to exercise jurisdiction, and this Court does not so hold, As this case amply demonstrates, as discussed in greater detail below, a sufficient connection between the United States and criminal conduct can be shown even when the facts demonstrate that the illegal drugs are bound for some country other than the Unite(j States. 2. Legislative History Defendant Medjuck argues that the legislative history of 21 U.S.C. § 955a supports his argument that nexus requires United States destination. As the Ninth Circuit has held, “resort to legislative history is not necessary when the language of the statute is unambiguous.” Straub v. AP Green, Inc., 38 F.3d 448, 454 (9th Cir.1994) (citation omitted). See also, Export Group v. Reef Industries, Inc., 54 F.3d 1466, 1475 n. 9 (9th Cir.1995). The Court should not “resort to legislative history to cloud a statutory text that is clear.” Ratzlaf v. United States, 510 U.S. 135, 147-48, 114 S.Ct. 655, 662, 126 L.Ed.2d 615 (1994). Here, the statute is unambiguous in not requiring United States destination. However, the Ninth Circuit has also held that legislative history may be consulted “to the extent it is of value, to aid in [the court’s] interpretation,” Export Group, 54 F.3d at 1475 n. 9, when a party offers a plausible interpretation of a statute. Here, the Court finds that the legislative history is of little value in determining whether nexus requires United States destination because the statute is clear and because conflicting inferences can be drawn from the legislative history. Nonetheless, it discusses the legislative history raised by the parties. In support of his position that nexus requires United States destination, Medjuck cites a letter from Assistant Attorney General Patricia M. Wald, reprinted in H.R.Rep. No. 323, 96th Cong., 1st Sess. at 16 (1979), quoted in United States v. James-Robinson, 515 F.Supp. 1340, 1343 (S.D.Fla.1981). That letter states that in order to exercise jurisdiction, “the United States must show an actual or potential adverse effect within its territory. It is doubtful that such an adverse effect could be demonstrated in the absence of intent to import the substance into the United States or knowledge that it will be imported.” Id. (emphasis in original). However, this letter is not determinative. As the James-Bobinson court noted, the Department of Justice opposed § 955a on the grounds that “it was doubtful the U.S. would have jurisdiction where no adverse effect on the country was required.” Id. While the Justice Department sought an amendment requiring “that a defendant have the knowledge or intent that the controlled substances would be imported into the United States,” no such amendment was enacted. Id. In addition, other legislative history suggests that § 955a specifically did not require United States destination. In United States v. Howard-Arias, 679 F.2d 363 (4th Cir.1982), the Fourth Circuit looked to the legislative history of § 955a and concluded that there need be no showing of intent to distribute in the United States. Id. at 370-71. Chairman Murphy, the Chairman of the House Committee on Merchant Marine and Fisheries stated: “[t]he intent to distribute need not be within the United States.... Under [§ 955a], it would not be necessary to prove that the vessel or the controlled substance was bound for the United States.” H.R.Rep. No. 323, 96th Cong., 1st Sess. at 7-12 (1979), quoted in Howard-Arias, 679 F.2d at 371 (emphasis added in Howard-Arias). In addition, Congressman McCloskey, the ranking minority member of the Committee, said: “[wjhere current law requires an intent to import a controlled substance into the United States as a necessary element of the crime this bill essentially requires only knowledge or intent to distribute with no need to establish a U.S. destination.” 125 Cong.Rec. H 6380 (July 23, 1979), quoted in Howard-Arias, 679 F.2d at 371 (emphasis added in Howard-Arias). Thus, legislative history can be found in support of the argument that § 955a does not require United States destination. Ultimately, however, the Court finds that the legislative history of 18 U.S.C. § 955a does not answer the question of whether United States destination is required. Section 955b defines vessels subject to the jurisdiction of the United States as stateless vessels; 46 U.S.C.App. § 1903 expands the definition to include, inter alia, flagged vessels whose flag nations consent to jurisdiction. The Ninth Circuit has held that due process requires a showing of nexus with respect to flagged vessels but not with respect to stateless vessels. Compare Medjuck, 48 F.3d at 1111, with Judo, 46 F.3d at 966-67. Thus, the legislative history of § 955a does not shed much light on whether nexus requires a showing of United States destination. Neither party has briefed the legislative history of 46 U.S.C.App. § 1903. However, the Court’s research suggests that Congress did not intend to require United States destination. When the section was first enacted, vessels “subject to the jurisdiction of the United States” were defined as including only stateless vessels. Pub. Law 96-350 § 2(d). The Senate Report on the legislation states that “[ajceording to the Coast Guard, most of its difficulties in drug enforcement stem from this statutory void which does not proscribe possession of controlled substances on the high seas, while such conduct is a crime in U.S. territory.” S.Rep. No. 855, reprinted in 1980 U.S.C.C.A.N. 2785. It makes no mention of United States destination. The statute was amended in 1986 “because defendants in cases involving foreign stateless vessel boardings and seizures have been relying heavily on international jurisdictional questions as legal technicalities to escape conviction.” S.Rep. No. 530, reprinted in 1986 U.S.C.C.A.N. 6000. In the 1986 amendment, “a vessel subject to the jurisdiction of the United States” was defined to include foreign flagged ships whose flag nations give consent to jurisdiction. Pub. Law 99-640 § 17, 100 Stat 3553. The Senate Report to that statutory change states that this amendment “spells out in greater detail the kinds of situations subject to U.S. enforcement jurisdiction.” S.Rep. 530, reprinted in 1986 U.S.C.C.A.N. 6001. The Report again says nothing about United States destination. Id. The Court thus finds that the legislative history of the MDLEA does not suggest that United States destination is required. D. Definition Of Nexus Although nexus does not require United States destination, it does demand some connection between the defendants and the United States. As noted above, the Ninth Circuit has not explicitly defined nexus and has instead used a flexible standard. But to the extent that nexus must be defined, the Court finds the most useful description is the one that appeared in Caicedo, 47 F.3d 370. Although Caicedo held that a showing of nexus was not required in eases involving stateless vessels, the court reviewed the nexus requirement: 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 ciumes 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. Caicedo, 47 F.3d at 372. The Court will apply the Caicedo definition of nexus: “a connection between the criminal conduct and the United States sufficient to justify the United States’ pursuit of its interests.” Id. This definition comports with the notion that due process is a “flexible concept,” Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972), and highlights the “ultimate question” of fairness. Davis, 905 F.2d at 249 n. 2. It also incorporates the nexus standards set forth in a number of MDLEA cases. For instance, in Aikins, the court held that “[d]ue process is not offended by the extent of the jurisdiction created if there is a sufficient nexus between the conduct condemned and the United States.” Aikins, 946 F.2d at 613. See also, Medjuck, 48 F.3d at 1111 (same). The Peterson court held “[w]here an attempted transaction is aimed at causing criminal acts within the United States, there is a sufficient basis for the United States to exercise its jurisdiction.” Peterson, 812 F.2d at 493. The Davis court pursued the same inquiry, concentrating on the question of whether application of the MDLEA would be “arbitrary or fundamentally unfair.” Davis, 905 F.2d at 249. In Khan, the Ninth Circuit held that in order to show nexus, “the government must show that the plan for shipping the drugs was likely to have effects in the United States.” Khan, 35 F.3d at 429. The Caicedo definition, which is more flexible, encompasses this requirement but focuses more directly on the “ultimate question” of whether prosecution would be “arbitrary or fundamentally unfair.” Davis, 905 F.2d at 249 n. 2. The Court will therefore apply the Caicedo’s definition rather than Khan’s. To summarize the Court’s legal conclusions, the Court has determined that nexus is a question for the Court rather than the jury. Nexus is defined as “a connection between the criminal conduct and the United States sufficient to justify the United States’ pursuit of its interests.” Finally, the government has the burden of demonstrating nexus by a preponderance of the evidence. Having made those legal findings, the Court now turns to a review of the facts in this case to determine whether nexus has been shown as to defendants Medjuck and Sotirkys. III. FACTUAL FINDINGS The Court held a three-day evidentiary hearing at which the following witnesses testified: Customs Agent Brian Rockom, Customs Agent Laurence Michael Gallion, Customs Agent Paul DeCotiis, FBI Special Agent Peter Won, Royal Mounted Canadian Police (“RCMP”) Sergeant Jean Martin, Michael Fernando, Dennis Feroce, and Mazsen Alchawa. In addition, transcripts of recorded conversations were admitted, along with other documents. In this section, the Court sets forth the facts demonstrated at the nexus hearing. The factual findings require a detailed and somewhat lengthy discussion of the details of the conspiracy, which spanned several years and involved a large group of people in different countries throughout the world. A The Conspirators The story of the maritime drug conspiracy begins in Singapore 1990 with an agreement between nationals of several different countries to transport a load of hashish from Karachi, Pakistan to North America. The conspirators planned to transport the hashish across the Pacific Ocean in a large vessel which was to be met by a smaller boat in international waters. The hashish was to be transferred from the large boat to the smaller vessel, taken to shore in North America and then trucked inland. The exact destination of the hashish is a matter of some dispute. A number of the conspirators were based in Singapore. Haji Ibrahim was the Pakistani hashish supplier responsible for providing the hashish for the yenture. Ferdous, also from Pakistan, assisted and translated for Haji. Razak, (aka “Sunesra”) was an associate of Haji and Ferdous. Michael Fernando, and his partner Captain Malapit (aka “Boots”) were hired to procure and outfit a ship to be used to transport the hashish. The hashish was purchased by Norbert Stok and Leo Hartong, both Dutch. Richard Ezi-dro, an American citizen, was their partner. Ezidro’s associate, Charlie Sotirkys, an American living in Singapore, was responsible for shore-based communications with the transport vessel. David McNelly, also an American, was hired to escort and guard the hashish on the vessel and to provide communications from the vessel. The cast later expanded to include another individual named Razak who was the owner of the Lucky Star, the second vessel used in the venture, and Captain Rasheed. The North American side of the conspiracy was also large. Michael Medjuck, a Canadian, who was an associate of Ezidro, purchased the hashish. He was responsible for bringing it to shore and transporting it inland when it reached North America. Med-juck employed Dennis Feroce, an American citizen who lived in Vancouver, and Jack Hayden, also an American citizen, to hire an offload boat crew. Medjuck also hired Larry Stanley, Barry Shantz, and Ray Ainge to assist in the venture. Stanley and Ainge are American citizens, and Shantz is Canadian. Medjuck, through Feroce, hired Americans Brian Rockom and Michael Gallion and their tuna fishing vessel the Barbara H. to meet the hashish-laden mothership in the middle of the Pacific Ocean. Paul DeCotiis (aka “Ron”), also an American, was responsible for shore-to-ship communications. B. The Saratoga Success And The Lucky Star The cast of characters now set, the Court turns to the venture itself. The story of the hashish’s journey from Pakistan to the middle of the Pacific Ocean comes mainly from the testimony of Michael Fernando at the nexus hearing. Fernando and Malapit attended several meetings in Singapore in 1990 with Stok, Hartong, Razak-Sunesra and Haji. Stok and Hartong hired Fernando and Malapit to procure a shipping vessel to be used to transport the hashish. Fernando and Malapit purchased the Imran Success, later renamed the Saratoga Success, for the venture. As part of the agreement, they equipped it with navigational and communications equipment that would allow ship-to-ship communications as well as communications between ship and shore. Throughout the early part of 1990, the conspirators met repeatedly in Singapore to discuss the logistics of their smuggling plans. In addition to meeting with other participants, Fernando met with defendant Sotirkys along with McNelly and Ezidro. Ezidro ran a number of these meetings. In June of 1990, Captain Malapit traveled to Pakistan to pick up the drugs. Loaded with twenty-some tons of hashish, the Sara-toga Success began its journey to North America. David McNelly was aboard both as an escort for the cargo and as a radio operator. Sotirkys stayed in Singapore where he continued to meet with the other conspirators. The Saratoga Success did not live up to its name. First, the vessel developed engine trouble while in international waters near Singapore. While it was being fixed, a tanker rammed into it, necessitating more repairs. The ship was mended by late August of 1990 and resumed its voyage. Shortly thereafter, it was hit and damaged by a typhoon. The vessel was taken to Manila where it was again repaired. Again the Sar-atoga Success resumed its voyage, only to be hit by another typhoon off the Philippine Islands. Efforts to refloat it were unsuceessful, and the craft, still containing its load of hashish, was grounded in the Philippines. During the course of the Saratoga Success’s ill-fated efforts to cross the ocean, the Singapore-based conspirators met repeatedly in efforts to resolve the problems with the vessel. Defendant Sotirkys was at these meetings and participated in the discussions and planning. Eventually, the conspirators abandoned their efforts to use the Saratoga Success and procured a new vessel. They enlisted the Lucky Star, owned by ship-owner Razak, and mastered by Captain Rasheed. The Lucky Star was a 350-foot freighter flying the flag of St. Vincent. The conspirators then began their efforts to equip and load their new ship. Sotirkys outfitted the Lucky Star with .various communications devices and made arrangements for communications between the freighter and the conspirators on shore. Once the Lucky Star was outfitted, Sotirkys and McNelly sailed aboard it to Karachi, Pakistan. There, the Lucky Star picked up an additional forty-plus tons of hashish. Once the Lucky Star was loaded, Sotirkys left Karachi and returned to Singapore. The Lucky Star traveled to Manila, where the Saratoga Success was grounded, and picked up the Saratoga Success’ load of hashish. Then loaded with 70 tons of hashish, the Lucky Star continued its westward ocean journey with McNelly once again on board as an escort and radio operator. Thereafter, Sotirkys left Singapore and returned to the United States. C. The North American Conspiracy While Sotirkys and the Singapore-based conspirators were attempting to transport the hashish across the ocean, plans were being made in North America to receive the load. This part of the story comes from the testimony of Dennis Feroce, as well as the testimony of the three undercover agents. These witnesses testified at both the nexus hearing and the trial. In December of 1990, Feroce was approached by his long-time friend Michael Medjuck, who asked him if he would be interested in assisting in an offload of hashish. By January or February of 1991, Med-juck hired Feroce, along with Feroce’s friend Jack Hayden, to find and hire an offload vessel and crew. They were looking for a boat that would meet the Lucky Star in international waters sometime in June of 1991, offload the multi-ton load of hashish, and transport it to British Columbia. Hayden initially traveled to Oregon in search of a boat and crew, but his search did not bear fruit. In March or April of 1991, a Mend of Hayden’s named Michael Culbertson told Hayden he knew of a boat and crew in Hawaii that might be able to do the offload. When Feroce told Medjuck about this lead, Medjuck instructed Feroce to go to Hawaii to talk to the potential boat crew. In early May of 1991, Feroce and Hayden drove to Portland and there met with co-conspirator Larry Stanley to discuss the venture. From there, the three traveled to Hawaii (using expense money Medjuck gave Feroce) to meet with the crew Culbertson told them about. On May 8 and 9, Feroce, Hayden and Stanley met with Brian Roekom and Michael Gallion. Unbeknownst to Fer-oce and his confederates, Culbertson was a government informant, and Roekom and Ga