United States v. Leonard W. Allen, AKA Leonard Andrews

Allen appeals his conviction for possession of a firearm by one who has previously been convicted of a felony in violation of 18 U.S.C.App. § 1202(a). He contends that reversal is required because two state statutes exempt him from application of section 1202(a). He also argues that the district judge erred in denying his motions to suppress evidence and to dismiss the indictment for vindictive prosecution. We affirm.

I

Allen, using the name Leonard Andrews, ordered firearm parts from a Detroit dealer who was under investigation by the Bureau of Alcohol, Tobacco and Firearms (ATF). The dealer provided ATF with a list of six names and addresses of persons in California who apparently had ordered firearm parts. ATF special agents Paur and Pink-staff contacted Allen, one of those named, at his place of business in Canoga Park, California. Allen identified himself as Leonard Andrews and displayed a California driver’s license in that name. Without giving Allen any Miranda warnings, Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), agent Paur asked him about the parts and Allen admitted that he ordered parts for an Ingram MAC-11.38 caliber firearm. He told…