United States v. Goldston, No. 17-5540 (6th Cir. 2018)
Annotate this CaseSmith was confronted in her yard by McGowan and Jones, who pointed a gun. Shots were fired. Smith’s boyfriend, Goldston, ran to protect her. McGowan ran away. Goldston chased him and returned with a sawed-off shotgun. The ensuing confrontation was video-recorded by a neighbor. Goldston paced with the gun, “waving it around in a threatening manner.” Jones tried to grab the gun. When a police officer arrived, the men ran into the woods. The officer gave chase, finding a sawed-off shotgun in the woods. Goldston, charged with possessing a firearm as a felon, 18 U.S.C. 922(g)(1), raised a defense of justification but was convicted. The district court increased Goldston’s sentencing level for possession of an operable firearm in connection with an aggravated assault and found that Goldston was an armed career criminal,18 U.S.C. 924(e). Goldston had seven prior felony drug convictions under Tenn. Code. 39-17-417(a) involving Schedule II controlled substances: five for sale or delivery and two for possession with intent to resell. Goldston’s total offense level under the ACCA produced an advisory guideline range of 262-327 months in prison, with a mandatory minimum of 15 years. The district court, based on 18 U.S.C. 3553(a), sentenced Goldston to 240 months. The Sixth Circuit affirmed, rejecting Goldston’s argument that he should not have been classified as an armed career criminal, as the term “deliver” in Tennessee law is broader than the term “distribute” in ACCA’s definition of “serious drug offense.”
This opinion or order relates to an opinion or order originally issued on July 5, 2018.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.