Myers

MEMORANDUM *

Brent Lawrence Myers appeals his conviction for possession of marijuana with intent to distribute and importation of marijuana, in violation of 21 U.S.C. §§ 841 (a), 841(b)(1)(C), 952(a), 960(a)(1), and 960(b)(3). His sole contention on appeal is that the district court erred in denying his motion to suppress evidence discovered during a border search of his vehicle because that search violated his Fourth Amendment rights. Because we conclude, however, that the search was a routine border search that did not require reasonable suspicion, the district court properly denied Myers’ motion to suppress. Therefore, we affirm.

We review de novo the district court’s denial of a motion to suppress and the district court’s determination of whether the government conducted a legal border search. United States v. Cortez-Rocha, 394 F.3d 1115, 1118 (9th Cir.2005) (citing United States v. Camacho, 368 F.3d 1182, 1183 (9th Cir.2004)).

“The Fourth Amendment commands that searches and seizures be reasonable.” United States v. Montoya de Hernandez, 473 U.S. 531, 537 , 105 S.Ct. 3304 , 87 L.Ed.2d 381 (1985). Based upon “Congress’ power to protect the Nation by stopping and examining…