United States v. John Wesley Marzett

In this direct criminal appeal, appellant John Wesley Marzett challenges his conviction for possessing an unregistered sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d) and 5871. He contends that the trial court erred (1) in failing to suppress the gun and an incriminating statement which were obtained prior to being advised of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and (2) in reading to the jury a second count in his indictment which contained a recitation of two prior felony convictions and which was dismissed prior to trial but after…