United States v. Rocco Richard Desantis, AKA Rick Desantis

Rocco Richard DeSantis (“DeSantis”) was convicted of violating 18 U.S.C. app. § 1202(a)(1), possession of a firearm by a felon. On appeal, DeSantis claims that the district court erred by admitting into evidence both the firearm in question and statements made during a verbal exchange between U.S. marshals and himself.

I

On June 29, 1984, DeSantis was convicted of conspiring to distribute heroin, in violation of 21 U.S.C. § 846 , and possession with intent to distribute heroin, in violation of 21 U.S.C. § 841 (a)(1). This court affirmed the conviction on May 29, 1985, 765 F.2d 150 , and DeSantis sought review from the Supreme Court. In the interim, DeSan-tis was free on appellate bond. On June 5, 1985, the district court, finding him to be a flight risk, revoked DeSantis’ bond and issued a warrant for his arrest.

On September 13,1985, Inspectors Marti-no (“Martino”) and Woolsey (“Woolsey”) went to DeSantis’ residence to execute the arrest warrant. The inspectors entered the living room of his apartment after identifying themselves as U.S. marshals and explaining that they had a warrant for his arrest.

The inspectors told DeSantis that the court had revoked his bond and had…