United States v. Larry Gene Miller

BARRETT, Circuit Judge.

Larry Gene Miller appeals from his conviction for unlawful possession of a firearm as defined by 26 U.S.C. § 5845(a) not registered to him in the National Firearms Registration and Transfer Record in violation of 26 U.S.C. §§ 5861(d) and 5871.

Prior to trial, Miller moved to suppress the evidence against him, i. e., the sawed-off shotgun, on the ground that it had been obtained as a result of an illegal search and seizure. Both this motion and Miller’s motion for judgment of acquittal at trial were denied. On appeal the sole contention is that Miller’s arrest was illegal…