Submitted: December 15, 2017
Appeals from United States District Court for the Eastern
District of Missouri - St. Louis
SMITH, Chief Judge, KELLY and ERICKSON, Circuit Judges.
ERICKSON, Circuit Judge.
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 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.
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.
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.
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.
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
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'
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
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 ...