United States v. David Miles Pantohan

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 in a footlocker located in appellant’s bedroom.

Later that day ATF agent Lee telephoned Pantohan. The men made an appointment to meet the next day. Sometime after Pantohan arrived at Lee’s office he was advised of his Miranda rights. Pantohan told Lee and another ATF agent that he had previously been convicted of a felony and that he had found the shotgun and put it in the footlocker.

Lee asked Pantohan for information about criminal activities of others, stating that the United States Attorney would be told of his cooperation. Although Pantohan provided some general information concerning a cache of…