United States v. Wayne C. Montgomery

COFFIN, Circuit Judge.

Defendant/appellant Wayne Montgomery was convicted in a jury trial of possession of a shotgun in violation of 26 U.S.C. § 5861(d) and possession of three firearms in violation of 18 U.S.C. Appendix § 1202. On appeal he challenges the denial of his motion to suppress certain post-arrest statements made to an arresting law enforcement agent. We must decide whether those statements resulted from custodial interrogation in violation of appellant’s rights to remain silent and to consult with an' attorney before making any statements.

In December of 1981, pursuant to a search…