UNITED STATES of America, Plaintiff-Appellee, v. Charles Roy RAMBO, Defendant-Appellant

Opinion by Judge BEEZER.

Charles Roy Rambo appeals his convictions of one count each of unlawful possession of a firearm and possession of an unregistered silencer. 18 U.S.C. § 922 (o); 26 U.S.C. §§ 5841 , 5861(d), 5871. He challenges his conviction for unlawful possession of a firearm on the ground that 18 U.S.C. § 922 (o) is unconstitutional. He also argues that the district court erred in denying his motions: (1) to suppress evidence discovered during a search; (2) to suppress statements made by Rambo to the police; (3) to dismiss the indictment because of government misconduct violating his right to due process of law; and (4) for a judgment of acquittal. Finally, he contends that the district court erred in admitting evidence of the serial number on the firearm.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Rambo first argues that his conviction for unlawful possession of a firearm should be reversed because 18 U.S.C. § 922 (o) is unconstitutional. Rambo contends that section 922(o) exceeds the authority granted to Congress under the Commerce Clause. We review de novo the constitutionality of a statute. United States v. Sahhar, 56 F.3d 1026, 1028…