UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 00-4760

JUSTIN MICHAEL SWITZER,

Defendant-Appellant. 

Appeal from the United States District Court

for the Eastern District of Virginia, at Alexandria.

Albert V. Bryan, Jr., Senior District Judge.

(CR-00-188)

Submitted: March 16, 2001

Decided: March 29, 2001

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

John C. Kiyonaga, KIYONAGA & KIYONAGA, Alexandria, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Karin

F. Richards, Special Assistant United States Attorney, Alexandria,

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 
OPINION

PER CURIAM: 

Justin Switzer appeals the district court’s denial of his motion to

suppress evidence found and statements made in connection with a

border search at the Washington Dulles International Airport. We

affirm. 

The United Customs Service identified Switzer for questioning

based on several factors indicative of drug smuggling. Customs

inspectors questioned Switzer and his traveling companion, Jessamyn

Goshorn, once they disembarked from their flight. Based upon the

nervous demeanor of Switzer and Goshorn and other factors that

aroused their suspicion, customs inspectors conducted a secondary

inspection, which included further questioning of the two and searching their bags. During this time, Switzer and Goshorn were nervous,

and agents discovered drug paraphernalia in Goshorn’s luggage.

Thereafter, a pat-down search of Switzer revealed controlled substances concealed in a fanny pack under his shirt. 

Switzer was arrested and indicted on two counts of importation of

controlled substances (MDMA and hashish) in violation of 21

U.S.C.A. §§ 952, 960 (West 1999 & Supp. 2000) and two counts of

possession of controlled substances (MDMA and hashish) with the

intent to distribute, in violation of 21 U.S.C.A. § 841 (West 1999 &

Supp. 2000). Switzer filed a motion to suppress the evidence seized

and his statements made after the search, claiming Fourth Amendment violations. The district court denied the motion. 

Switzer pled guilty to one count of importing MDMA, while

reserving the right to appeal the denial of his motion to suppress. The

Government dismissed the remaining three counts. The district court

sentenced Switzer to a term of imprisonment of fifteen months, three

years supervised release, and a special assessment of $100.* Switzer

timely appealed. 

*The concerns raised in Apprendi v. New Jersey, 530 U.S. 466 (2000),

are not implicated because the sentence imposed does not exceed the

statutory maximum. 

2 UNITED STATES v. SWITZER
Routine border searches may be conducted without a warrant or a

showing of reasonable suspicion or probable cause. United States v.

Montoya de Hernandez, 473 U.S. 531, 538 (1985). We find that the

pat-down search of Switzer was routine. See United States v. Carreon, 872 F.2d 1436, 1442 (10th Cir. 1989); United States v. Charleus, 871 F.2d 265, 267-68 (2d Cir. 1989); United States v. Braks, 842

F.2d 509, 511-13 (1st Cir. 1988). We further find that even if some

suspicion was necessary to justify the stop and subsequent pat-down

of Switzer, the district court did not err in finding that the requirement

was met. Thus, we affirm the district court’s denial of Switzer’s

motion to suppress and his subsequent conviction pursuant to his

guilty plea. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED

UNITED STATES v. SWITZER 3