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UNITED STATES v. HOFFMAN

No. 79-1254.

607 F.2d 280 (1979)

UNITED STATES of America, Appellee, v. Charles Emmett HOFFMAN, Defendant.

United States Court of Appeals, Ninth Circuit.

October 26, 1979.

Attorney(s) appearing for the Case

Jo Ann Diamos, Asst. Federal Public Defender, Tucson, Ariz., for defendant.

Virginia A. Mathis, Asst. U.S. Atty., Tucson, Ariz., argued for appellee; Gerald S. Frank, Asst. U.S. Atty., Tucson, Ariz., on the brief.

Before ELY and HUFSTEDLER, Circuit Judges, and TAYLOR, District Judge.

ELY, Circuit Judge:

Charles Emmett Hoffman appeals his conviction of having unlawfully possessed a sawed-off shotgun (26 U.S.C. §§ 5861(d) and 5871) and of being a convicted felon in possession of a firearm (18 U.S.C.Appendix § 1202(a)(1)). Hoffman argues that the warrantless seizure of a shotgun from the bedroom of his trailer home was unlawful and that, therefore, the firearm should not have been admitted as evidence against him at trial.

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