United States v. Simmons

B.D. PARKER, JR., Circuit Judge:

Robert Simmons, a previously convicted felon, appeals his conviction in the United States District Court for the Southern District of New York (Scheindlin, J.) for possession of a firearm and ammunition. See 18 U.S.C. § 922(g)(1). On appeal, he contends that the district court’s failure to suppress his pre-arrest statements made without Miranda warnings violated the Fifth Amendment, and that the warrant-less search of his bedroom violated the Fourth Amendment. He asserts that the district court should have granted his motion to suppress those statements and the…