United States v. Melvin Lee Phillips, Sr.

RANDALL, Circuit Judge:

Deferidant-appellant Melvin Phillips appeals his conviction for possessing a firearm in violation of 26 U.S.C. § 5861(d) and 18 U.S.C.App. 1202(a)(1). Phillips contends that the seizure of his gun was invalid because it was based upon a warrant issued without probable cause. We disagree and, for the reasons set forth below, affirm.

I

On January 19, 1983, Frances Phillips, wife of the defendant, contacted the Baton Rouge office of the Treasury Department’s Bureau of Alcohol, Tobacco and Firearms (“ATF”), regarding her husband’s possession of a sawed-off shotgun. Mrs.…