United States v. David Miles Pantohan

CHOY, Circuit Judge:

Appellant was convicted of unlawfully possessing a sawed-off shotgun in violation of 26 U.S.C. § 5861(d). We affirm.

I. Statement of the Case

A confidential informant told an agent of the Bureau of Alcohol, Tobacco, and Firearms (ATF) that he had personally observed Pantohan in possession of a shotgun at the home of Pantohan’s father, where Pantohan was residing. The ATF agent obtained a search warrant based upon the informant’s statement.

Shortly thereafter six ATF agents executed the warrant. They entered the unlocked residence and searched the house. They found the shotgun…