UNITED STATES of America, Plaintiff-Appellee, v. Gabriel Valdez ANDAVERDE, Defendant-Appellant

Gabriel Andaverde appeals from his criminal conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and for possessing a stolen firearm in violation of 18 U.S.C. § 922 (j). He contends that 18 U.S.C. § 922 (g)(1) violates the Fifth and Tenth Amendments, that several of his post-arrest statements were inadmissible, and that an insufficient interstate commerce nexus was shown at trial under 18 U.S.C. § 922 (j). We affirm the district court on all issues relating to his conviction under 18 U.S.C. § 922 (g), but, in light of this court’s recent decision in United States v. Cruz, 50 F.3d 714 (9th Cir.1995), reverse as to his conviction under 18 U.S.C. § 922 (j).

I.

On January 31, 1991, Andaverde was convicted in state court of first degree burglary and was subsequently imprisoned. At the time of the events at issue here, he had been released and was on probation. Corrections Officer Spurgeon Keeth supervised Andav-erde as part of his probation. Andaverde lived at his mother and step-father’s home, where he had his own bedroom.

On October 27,1993, police officers executing a search warrant searched the family home, finding a shotgun underneath…