United States of America, Plaintiff-Appelllee v. Danny Alvin Berry

BREITENSTEIN, Circuit Judge.

The jury found defendant-appellant Berry guilty of violating 26 U.S.C. § 5861, unlawful possession of a firearm made in violation of 26 U.S.C. § 5822. He appeals from the sentence imposed.

Defendant was arrested by state officers and the car which he was driving was taken to the police headquarters. It was then locked and was not opened until the time of the search. A search warrant for the car had been issued before defendant’s arrest and was executed about two hours after the arrest. Upon opening the trunk of the ear, the searching officers saw a sawed-off shotgun…