United States v. Whitted

OPINION OF THE COURT

(September 4, 2008)

RENDELL, Circuit Judge.

James Edward Whitted appeals his conviction by jury for possession with intent to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) and importation of a controlled substance into the United States in violation of 21 U.S.C. §§ 952(a) and 960(b)(1)(A). He claims that the District Court’s failure to suppress evidence found by customs officers during a border search of his cruise ship cabin was error and merits reversal of his conviction.

In order to resolve this appeal, we must answer a question of…