United States v. Gerald G. Burch

McKAY, Circuit Judge. .

Defendant, Mr. Gerald 'Burch, was traveling with his wife in a semi-traetor/trailer rig when he was stopped by Kansas Highway Patrolman Brian Smith. A subsequent search of Mr. Burch’s commercial vehicle yielded approximately 538 pounds of marijuana. After a jury trial, Defendant was found guilty of conspiring to possess with intent to distribute 538 pounds of marijuana in violation of 21 U.S.C. § 846 and possession with intent to distribute 538 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1).

Defendant argues that the search violated the Fourth Amendment’s…