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United States v. Goldsberry

United States Court of Appeals, Eighth Circuit

April 26, 2018

United States of America Plaintiff- Appellee
v.
Jody Goldsberry Defendant-Appellant United States of America Plaintiff- Appellant
v.
Jody Goldsberry Defendant-Appellee

          Submitted: December 15, 2017

          Appeals from United States District Court for the Eastern District of Missouri - St. Louis

          Before SMITH, Chief Judge, KELLY and ERICKSON, Circuit Judges.

          ERICKSON, Circuit Judge.

         Jody Goldsberry pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). When calculating Goldsberry's applicable sentencing guideline range, the district court[1] applied enhancements under United States Sentencing Guideline § 2K2.1(a)(2) based on Goldsberry's previous Missouri convictions for second-degree assault on a law enforcement officer and under § 2K2.1(b)(1)(A) based on its finding that Goldsberry possessed between three and seven firearms. Goldsberry appeals these determinations, and the government cross-appeals the court's determination that Goldsberry's Missouri second-degree burglary conviction was not a qualifying predicate offense under the Armed Career Criminal Act. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

         I. BACKGROUND

         On January 29, 2013, law enforcement officers responded to a 911 call at the residence of Jody Goldsberry's mother. Goldsberry's mother had been shot in the left arm. Goldsberry was not present when officers arrived at the house, but they suspected Goldsberry had fired the .45 caliber gun that injured her.

         During a search of the residence, officers located six firearms, several boxes of ammunition, and a spent .45 caliber shell casing on the kitchen floor. The firearms discovered were: a .22 caliber revolver in plain view on top of the refrigerator; four long guns, including a .22 caliber rifle and scope with Goldsberry's fingerprints, under the bed in the master bedroom; and a .50 caliber homemade rifle standing in the corner of the second bedroom.

         The district court held evidentiary hearings related to two primary sentencing issues raised by the parties: (1) Goldsberry's claim that he did not reside at his mother's house at the time of the shooting; and (2) Goldsberry's assertion that the only firearm that could be used to enhance his sentence under the sentencing guidelines was the .22 caliber rifle bearing his fingerprint. The court determined that Goldsberry resided at his mother's house at the time of the shooting and that he was the person who shot his mother. With regard to the firearms found inside the house, the court found that Goldsberry had constructive possession of at least three firearms and had actual possession of the unrecovered .45 caliber firearm used to shoot Goldsberry's mother.

         At sentencing, the court found that Goldsberry's second-degree Missouri burglary conviction was not a qualifying predicate offense under 18 U.S.C. § 924(e) or U.S.S.G. § 4B1.4(b)(3)(B). The court increased Goldsberry's offense level to 24 under U.S.S.G. § 2K2.1(a)(2) due to Goldsberry's two second-degree Missouri convictions for assault on a law enforcement officer.

         Based on these findings, the court determined that Goldsberry's base offense level was 24 under U.S.S.G. § 2K2.1(a)(2), which was adjusted to level 26 after adding the 2-level enhancement under U.S.S.G. § 2K2.1(b)(1)(A) for an offense involving between three and seven firearms. A person in criminal history category VI with an offense level of 26 faced an advisory sentencing guideline range of 120 to 150 months. The statutory maximum sentence was 120 months. The court sentenced Goldsberry to a term of 120 months' imprisonment.

         Goldsberry challenges the district court's application of U.S.S.G. §§ 2K2.1(a)(2) and 2K2.1(b)(1)(A). The government challenges the district court's determination that Goldsberry's second-degree Missouri burglary conviction is not a qualifying offense under the Armed Career Criminal Act.

         II. DISCUSSION

         With regard to sentencing guideline decisions, "we review the district court's factual findings for clear error and its application or interpretation of guidelines provisions de novo." United ...


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