United States v. Dennis R. Szymkowiak

NATHANIEL R. JONES, Circuit Judge.

This case is presently before the Court upon Dennis Szymkowiak’s appeal from his conviction for possession of an unregistered weapon in violation of 26 U.S.C. § 5861(d) and § 5871. Szymkowiak contends that the district court erred in failing to suppress the weapon, the seizure of which should not have been excused under the “plain view” exception to the Fourth Amendment warrant requirement. Upon consideration of the issues presented by this appeal, we agree that the weapon was unlawfully seized and therefore vacate the district court’s judgment.

On February…