United States v. Christopher Switlyk

── United States v. Christopher Switlyk ── Case No.: 25-12595 Court: Court of Appeals for the Eleventh Circuit Date: March 24, 2026 Category: NEW USCA11 Case: 25-12595 Document: 27-1 Date Filed: 03/24/2026 Page: 1 of 21 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12595 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHRISTOPHER SWITLYK, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:24-cr-00234-VMC-TGW-1 ____________________ Before JORDAN, LAGOA, and KIDD, Circuit Judges. PER CURIAM: Christopher Switlyk appeals his conviction for two counts of removal of property to prevent seizure, in violation of 18 U.S.C. 2232(a). Switlyk argues that the district court abused its discretion USCA11 Case: 25-12595 Document: 27-1 Date Filed: 03/24/2026 Page: 2 of 21 2 Opinion of the Court 25-12595 by not admitting evidence of an alleged threat made by an Assistant U.S. Attorney that occurred in February 2023. He also argues that the district court abused its discretion by not admitting as hearsay Switlyk’s father’s testimony about an alleged promise made by an Assistant U.S. Attorney that occurred on November 16, 2022. Lastly, he argues that the district court abused its discretion by ad- mitting evidence pursuant to Federal Rule of Evidence 404(b) that Switlyk previously buried gold coins and silver bars because the ev- idence was irrelevant, and the prejudicial effect of the evidence out- weighed its probative value. For the reasons discussed below, we affirm. I. BACKGROUND In May 2024, a federal grand jury returned an indictment charging Switlyk with four counts of knowingly disposing of and transferring property for the purpose of preventing and impairing the government’s lawful authority to take the property into its cus- tody and control, in violation of 18 U.S.C. § 2232(a). Switlyk pleaded not guilty and proceeded to trial. Counts I and II related to the disposal and transfer of two parcels of real property located in Daytona Beach, Florida that occurred on or about November 16, 2022. Count III related to the disposal and transfer of a Tesla on or about November 16, 2022. Count IV related to the disposal and transfer of real property located in Tampa, Florida. Switlyk pleaded not guilty to all counts. As background, in 2010 Switlyk was charged with various drug-conspiracy and money-laundering offenses stemming from USCA11 Case: 25-12595 Document: 27-1 Date Filed: 03/24/2026 Page: 3 of 21 25-12595 Opinion of the Court 3 his operation of a pharmacy and the distribution of controlled sub- stances not for a legitimate medical purpose and not in the usual course of professional practice (the “2010 case”). Switlyk pleaded guilty in 2012 and was sentenced to a term of 108 months’ impris- onment, which was later reduced to 87 months. As part of his sentence, a forfeiture money judgment for $10,700,592 and a final order of forfeiture were entered against Switlyk. In his plea agreement,