Submitted October 9, 2014.
Appeal from United States District Court for the District of Minnesota - St. Paul.
For United States of America, Plaintiff - Appellee: Julie Elaine Allyn, Assistant U.S. Attorney, John Kokkinen, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of Minnesota, Minneapolis, MN; James Lackner, U.S. ATTORNEY'S OFFICE, Saint Paul, MN.
For Christopher Sean Daniels, Defendant - Appellant: James S. Becker, Assistant Federal Public Defender, Katherine M. Menendez, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Minneapolis, MN.
Christopher Sean Daniels, Defendant - Appellant, Pro se, Atwater, CA.
Before COLLOTON, BRIGHT, and SHEPHERD, Circuit Judges.
BRIGHT, Circuit Judge.
Christopher Daniels was convicted by jury of one count of being a felon in possession of a firearm in violation of 18 U.S.C. § § 922(g) and 924(e). At sentencing, the district court determined that Daniels had committed the necessary predicate offenses under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (" ACCA" ), which subjected him to a fifteen-year mandatory minimum sentence. The district court calculated a Guidelines advisory range of 262 to 327 months and imposed a sentence of 204 months (17 years) in prison. On appeal, Daniels argues that the district court erred by (1) failing to suppress statements he gave to law enforcement; (2) failing to reopen the suppression hearing in light of new evidence; (3) applying the ACCA in violation of his Sixth Amendment rights; and (4) imposing a substantively unreasonable sentence. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we affirm.
On October 1, 2012, Daniels was indicted on one count of being a felon in possession of a firearm in violation of 18 U.S.C. § § 922(g) and 924(e).
At trial, the testimony of A.C. illuminated the facts surrounding the underlying offense. A.C. testified that on the evening of September 3, 2012, she observed a group of individuals gathered on the stoop of her apartment building, including Daniels and his girlfriend, Jamillia Hudson. A.C. left for the convenience store and when she returned, she learned that there had been an altercation between certain members of the group. As a neighbor was explaining to A.C. what had happened, Daniels and Hudson pulled up to the apartment building in a grey Grand Prix and approached A.C. in a heated manner demanding to know the whereabouts of certain individuals. Despite A.C's attempts to explain that she had been gone during the prior altercation, Daniels brandished a handgun, put it to A.C.'s face, and told her that he'd " blow [her] motherfucking face off." A.C's brother overheard the commotion and approached. Daniels turned and fired a shot in his direction before returning to the Grand Prix with Hudson and fleeing the scene.
After responding to the incident and interviewing A.C., Officer Thor Johnson of the St. Paul Police Department drove to Hudson's house and observed the grey Grand Prix parked outside. Law enforcement detained Daniels and Hudson when they exited the ...