United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 15, 2004
Charles R. Fulbruge III
Clerk
No. 04-10232
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERENCE ANDERSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CR-244-ALL-H
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Terence Anderson appeals his conditional guilty-plea
conviction for unlawful possession of 16 firearms which were not
registered to him in the national registry. Anderson argues that
the district court erred in denying his motion to suppress
evidence seized from a hidden compartment within his home.
Anderson first disputes the district court’s findings that
the private search by Anderson’s wife of the hidden compartment
was reasonably foreseeable. Anderson secondarily argues that his
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-10232
-2-
wife lacked actual or apparent authority to consent to the search
of the hidden compartment.
Based on Anderson’s wife’s status as co-owner and co-
occupant of the marital home, it was reasonably foreseeable that
she might enter and search the hidden compartment, despite
Anderson’s orders to the contrary and regardless of the
circumstances surrounding Anderson’s extra-marital activities.
See United States v. Shelton, 337 F.3d 529, 536-38 (5th Cir.
2003), cert. denied, 124 S. Ct. 1507 (2004). Similarly, given
Anderson’s wife’s equal rights to the use and occupation of the
marital home, she was authorized to give valid consent to the
search of the premises. See id. Accordingly, the district court
did not err in denying Anderson’s motion to suppress. See United
States v. Alvarez, 6 F.3d 287, 289 (5th Cir. 1993).
AFFIRMED.