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U.S. v. KELLEY

No. 90-50441.

953 F.2d 562 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. David Michael KELLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Debra Ann DiIorio, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Bruce R. Castetter and Judith S. Feigin, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Before SCHROEDER and REINHARDT, Circuit Judges, and KING, Senior District Judge.

SAMUEL P. KING, District Judge:

Appellant David Michael Kelley appeals the use at his jury trial of items recovered from his living quarters without his consent on the ground that either the consent of his female housemate was involuntary or she lacked authority to consent to a search of his bedroom and closet. Kelley also appeals the use of statements taken when he was on the verge of withdrawal from heroin on the basis that they were involuntary.

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