Buckles

MEMORANDUM **

Morris Buckles appeals the district court’s finding on remand from this court, United States v. Buckles, 137 Fed.Appx. 950, 952 (9th Cir.2005), that Buckles’ sister, Bonnie Weinberger, had the apparent authority to consent to the search of her car, which Buckles was driving when federal drug enforcement agents stopped him 228 miles from Weinberger’s home. The district court found that Buckles’ testimony that he had objected to the search was not credible. Rather, Buckles “conveyed [to the agents] the message that consent was not his to give; that it was his sister’s car” and “at least by implication that, if *632 consent to search the car was to be given, it had to be obtained from, the sister.” The court concluded that under the “totality of the circumstances,” based on the information known to the agents at the time of the search, Weinberger had apparent authority to consent to the search of the car.

The district court’s factual findings are not clearly erroneous, and we affirm. See Illinois v. Rodriguez, 497 U.S. 177, 182-89 , 110 S.Ct. 2793 , 111 L.Ed.2d 148 (1990). The three-part test used to determine apparent authority is satisfied here. See United States v.…