U.S. v. LOWE
999 F.2d 448 (1993)
UNITED STATES of America, Plaintiff-Appellee,
Arthur Marvin LOWE, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.
July 6, 1993.
Joseph Mackey, Asst. U.S. Atty. (Michael J. Norton, U.S. Atty., with him on the brief), Denver, CO, for plaintiff-appellee.
David A. Lane, Denver, CO, for defendant-appellant.
Before EBEL and KELLY, Circuit Judges, and VRATIL, District Judge.*
VRATIL, District Judge.
Defendant Arthur Marvin Lowe entered a conditional plea of guilty to charges of unlawful possession of a machine gun in violation of 26 U.S.C. §§ 5861(d) and 5871. The district court denied defendant's motion to suppress certain evidence obtained from defendant's home. Defendant appeals and, for reasons stated below, we affirm.
On the evening of January 20, 1990, as part of an investigation into the sale of illegal machine guns, Agent William Frangis, Bureau of Alcohol Tobacco and Firearms, seized two unlawful machine guns from Mark Weiand. In the ensuing discussions, Weiand confessed that he owned a third gun and agreed to help Agent Frangis recover it from the residence of his friend, defendant Arthur Marvin Lowe.1
In the midst of a raging snowstorm later that evening, Weiand and Agent Frangis traveled in Weiand's pick-up truck to defendant's residence. Weiand radioed ahead to defendant's wife, Lorrie Lowe, and told her that he was coming to pick up his gun. Mrs. Lowe told him to come on over. Defendant was not at home, but he had already spoken to his wife and told her get the gun ready for Weiand. Mrs. Lowe therefore had the gun ready, on the floor of the back porch. The gun clip was in the kitchen, which adjoined the porch.
Upon arriving at defendant's home, Weiand entered the unlocked porch door without knocking. Agent Frangis accompanied Weiand and followed him in. Mrs. Lowe heard the men arrive and joined them almost immediately. Weiand picked up the gun and handed it to Agent Frangis. Mrs. Lowe asked Weiand whether the clip went with the gun. Weiand answered affirmatively, retrieved the clip from the kitchen, and handed it to Agent Frangis. Weiand and Agent Frangis then left the porch with the gun and the clip. While they were driving away, Mrs. Lowe radioed Weiand and told him to be sure to oil the gun.II. Discussion