United States v. Larry Gene Wickizer

LAY, Circuit Judge.

Defendant, Larry Gene Wickizer, was convicted for violation of 26 U.S.C.A. § 5861(d) arising from possession of an unregistered sawed-off single-shot .22 caliber rifle found under the front passenger seat of a parked car. The trial court overruled a motion to suppress the gun. Subject to objection to introduction of the rifle in evidence, a jury was waived and the court heard the testimony. The trial court entered a judgment of conviction. The defendant appeals on the sole issue as to whether the gun was seized in violation of his Fourth Amendment rights. We affirm.

The…