Heltsley

MEMORANDUM *

This appeal consolidates two cases involving the same defendant, Earl Heltsley. Heltsley was first convicted in March 2000 on charges of illegal weapons possession (No. 01-10100). 1 He filed a motion to suppress evidence during that trial, which was denied. In a separate case in October 2000 (No. 01-10127), Heltsley conditionally pled guilty to two counts of unlawful possession of weapons, contingent upon his appeal of a motion to suppress, which had also been denied. He was sentenced in February 2001 for both convictions.

We review the main issue in the first case de novo as it involves a mixed question of fact and law: determination of apparent authority to consent to search a home. United States v. Fiorillo, 186 F.3d 1136, 1145 (9th Cir.1999); United States v. Kim, 105 F.3d 1579, 1581 (9th Cir.1997). The de novo standard also extends to a review of a district court’s denial of a motion to suppress evidence seized in a search that followed the consent. Fiorillo, 186 F.3d at 1143 .

*272 The search of the house incident to the consent of Heltsley’s wife was invalid because the government knew that she lacked authority to give valid consent for a search of…