United States v. Edward Lester Schronce, Jr.

[*92] SPROUSE, Circuit Judge:

Edward Lester Schronce appeals from his conviction for unlawful possession of an unregistered firearm and unlawful possession of an illegally manufactured firearm in violation of 26 U.S.C. § 5861(c) and (d) (1976). The firearm was an automatic rifle that had been converted from a semi-automatic rifle. He was convicted by a jury and sentenced by the court to a single term of three years’ imprisonment (suspended), fined $3,000.00, and placed on three years’ probation.

Schronce contends that evidence used against him at trial should have been suppressed because it was seized without a warrant in violation of the fourth amendment. He also claims that the district court abused its discretion (1) by admitting unauthenticated evidence, contrary to Rule 901(a) of the Federal Rules of Evidence, and (2) by allowing the government to present evidence that was irrelevant or, if relevant, was cumulative and prejudicial, in violation of Rule 403 of the Federal Rules of Evidence. We find no merit in the evidentiary issues Schronce presents and hold that he is precluded from raising the fourth amendment issue because of his failure to object to the magistrate’s report recommending that his motion to suppress be denied. Schronce’s fourth amendment claim appears meritless, but because his failure to file written objections is disposi-tive, we discuss only that issue.