U.S. v. KIMOANA

No. 03-4023.

383 F.3d 1215 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Fonua KIMOANA, also known as Siong Fonua Vailea, also known as Sione Moungloa, also known as Fokisi Kimoana, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 15, 2004.


Attorney(s) appearing for the Case

Benjamin A. Hamilton, Salt Lake City, UT, for Defendant-Appellant.

Michele M. Christiansen, Assistant United States Attorney (Paul M. Warner, United States Attorney for the District of Utah, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before EBEL, ANDERSON, and HARTZ, Circuit Judges.


EBEL, Circuit Judge.

Defendant Fonua Kimoana ("Defendant") was convicted under 18 U.S.C. § 922(g) as a felon in possession of a firearm. He now challenges the district court's refusal to suppress the firearm as evidence. We hold that the entry and resultant search were justified by consent given by "Nick," a third party with both actual and apparent authority. Alternatively, once the officers' initial entry into the room was justified by Nick's consent, the subsequent...

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