United States v. Goldsberry, No. 16-4315 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that the district court did not abuse its discretion in applying an enhancement under USSG 2K2.1(a)(2) based on defendant's previous Missouri convictions for second-degree assault on a law enforcement officer; the district court did not abuse its discretion by applying an enhancement under 2K2.1(b)(1)(A) based on its finding that defendant possessed between three and seven firearms; any error in imposing an enhancement for defendant's 2009 conviction for assault on a police officer was harmless; and defendant's conviction for second degree burglary under Missouri law was not a qualifying predicate offense under the Armed Career Criminal Act.
Court Description: Erickson, Author, with Smith, Chief Judge, and Kelly, Circuit Judge] Criminal case - Sentencing. The district court did not err in imposing a sentencing enhancement under Guidelines Sec. 2K2.1(b)(1)(A) for possession of three to seven firearms as the evidence was sufficient to show defendant had actual or constructive possession of a sufficient number of firearms to apply the enhancement; with respect to the court's decision to impose an enhancement for defendant's 2009 conviction for assault on a police officer, any error in imposing the enhancement was harmless in light of the court's statement that it would have imposed the same sentence without the enhancement; defendant's Missouri second-degree burglary conviction was not a qualifying predicate offense under the Armed Career Criminal Act - see U.S. v. Naylor, 2018 WL 1630249 (8th Cir. 2018)(en banc).
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