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U.S. v. DEARING

No. 92-30445.

9 F.3d 1428 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Ronald Douglas DEARING, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Joseph H. Harrington, Asst. U.S. Atty., Spokane, WA, Nina Goodman, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

Michael D. Kinkley, Spokane, WA, for defendant-appellee.

Before: WRIGHT, GOODWIN and HUG, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The government appeals from an order suppressing evidence of a machine gun that was seized during a warrantless search. Permission to search was given by a live-in sitter, whom the judge ruled had neither actual nor apparent authority to consent. We consider only the requirements of apparent authority. We affirm.

I. FACTS

Ronald Dearing is the single custodial parent of two...

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