In a conviction of defendant for being a drug user in possession of a firearm and possession of marijuana, district court's grant of defendant's motion to suppress as to the marijuana and to all statements about the firearm and the marijuana is reversed and remanded as, defendant has not met his burden of proving the existence of an agency relationship between the government and the private security guards whose conduct is under challenge.
Argued: October 28, 2009
Decided: January 8, 2010
Opinion by Circuit Judge King
For Appellant: Richard Daniel Cooke, Office of the United States Attorney
For Appellee: Mary Elizabeth Maguire, Office of the Federal Public Defender