United States v. Kimoana

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 search was justified by voluntary consent given by Patelo Vake. Accordingly, we exercise jurisdiction pursuant to 28 U.S.C. §…