United States v. Berres, 777 F.3d 1083

Berres pled guilty to three counts of possession of an unregistered firearm under 26 U.S.C. § 5861(d).
Count1 concerns a flash bang device that can be registered by a transferor, not necessarily by Berres as transferee.
Counts2–3 involve two combinations of parts capable of being readily assembled into destructive devices.
District court denied motions to dismiss and to suppress; Berres reserved appellate rights and appealed after plea.
Interviews at a VA hospital with an ATF agent were challenged as custodial; the district court denied suppression, which the circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether count1 violates due process because the device could not be registered by Berres.	Berres	Berres—device unregistrable by transferee; registration impossible.	No; flash bang registerable by transferor; Dalton not controlling here.
Whether counts2–3 fail to state an offense due to registration timing.	Berres	Berres—destructive device regulation requires final assembly to trigger registration.	No; regulations allow determining registrability of a combination of parts before full assembly.
Whether counts2–3 are multiplicitous.	Berres	Berres—single set of parts; only one course of conduct.	No; § 5845(f)(3) contemplates separate counts for separate combinations designed or intended for destructive devices.
Whether the district court erred in denying suppression of Berres' statements.	Berres	Berres—custody and coercion at hospital; Miranda applies.	No; not custody for Miranda purposes; statements properly admitted.
Whether the hospital interrogation atmosphere violated rights under Miranda/Connelly.	Berres	Mental state and interrogation conditions; potential coercion.	No; not custodial and no coercive interrogation demonstrated.

United States v. Dalton, 960 F.2d 121 (10th Cir. 1992) (conviction for unregistered machinegun problematic where registration impossible)
United States v. McCollom, 12 F.3d 968 (10th Cir. 1993) (registration of registrable weapons not legally impossible; distinction from Dalton)
United States v. Eaton, 260 F.3d 1232 (10th Cir. 2001) (Dalton not controlling where no statute bans registration (destructive devices))
United States v. Shafer, 445 F.2d 579 (7th Cir. 1971) (registration principles to prevent evasion of § 5845(f))
United States v. Sanders, 441 F.2d 412 (10th Cir. 1971) (each unregistered firearm constitutes a separate offense)
Jones v. United States, 523 F.3d 1235 (10th Cir. 2008) (custody analysis for Miranda; factors considered)
United States v. Bernard, 680 F.3d 1206 (10th Cir. 2012) (Miranda custody standard applied in evaluating custodial statements)