DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
164315P.pdf 04/26/2018 United States v. Jody Goldsberry
U.S. Court of Appeals Case No: 16-4315
and No: 16-4327
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [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).