Seljan

I. Facts and Procedural History

Seljan sent packages from Southern California to the Phil- ippines via FedEx on at least three separate dates: November 20, 2002, August 2, 2003, and September 26, 2003.1 Seljan 1 The facts related here are drawn from the findings of fact entered by the district court as part of its order denying Seljan’s motion to dismiss. United States v. Seljan, 328 F. Supp. 2d 1077, 1078-81 (C.D. Cal. 2004). 14796 UNITED STATES v. SELJAN understood that the packages had to “clear customs” before leaving the United States. Affixed to each package was an international air waybill completed and signed by Seljan. A portion of the form labeled “Required Signature” stated, “Use of this Air Waybill constitutes your agreement to the Condi- tions of Contract on the back of this Air Waybill.” These con- ditions included the following provision: “Right to Inspect. Your shipment may, at our option or at the request of govern- mental authorities, be opened and inspected by us or such authorities at any time.”

FedEx routes international packages sent from Southern California through the company’s regional hub in Oakland, California, one of four FedEx…