203065P.pdf   03/04/2022  United States  v.  Marcus Anthony Mattox
   U.S. Court of Appeals Case No:  20-3065
                          and No:  20-3133
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Kobes, Circuit 
   Judge] 
   Criminal case - Criminal law and Sentencing. A police officer lawfully 
   fulfilling his duty to investigate a reported shooting may lawfully enter 
   the victim's hospital room to interview the victim; as a result, defendant 
   did not have an objectively reasonable expectation of privacy in his 
   hospital room and the officer did not violate his Fourth Amendment by 
   entering the room; while in the room, the officer could inspect and seize 
   defendant's clothing which had been left in plain view; defendant's 
   statements to the police while in the hospital were voluntary and 
   admissible as the totality of the circumstances show that officers did not 
   overbear defendant's will; the evidence was sufficient to show the 
   handgun, a Desert Eagle made in Israel, had been in or affected interstate 
   commerce; the district court did not err in imposing a four-level 
   enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possessing the 
   firearm in connection with another felony offense - aggravated assault; 
   the government met its burden to negate defendant's self-defense defense, 
   and the district court did not clearly err in imposing the enhancement; 
   with respect to the government's appeal that the district court erred in 
   determining defendant did not qualify for sentencing as an armed career 
   offender, the district court did not err in determining that defendant did 
   not commit two of the three offenses on different occasions, and he did 
   not have the three qualifying convictions necessary for armed career 
   offender sentencing.