United States v. Barlo Vernon Selberg

LAY, Chief Judge.

Bario Y. Selberg was convicted of possession of an unregistered sawed-off rifle in violation of 26 U.S.C. §§ 5861(d) and 5871 and was placed on probation for three years under the Federal Youth Corrections Act, 18 U.S.C. §§ 5005-5026. The sole issue raised by Selberg on appeal is whether the weapon was seized by federal authorities as the result of an illegal search. The district court, accepting a magistrate’s finding that the search was valid, emphasized that the search was based upon lawful consent as well as the proper exercise of the officer’s public duties. We disagree;…