United States v. Young

115 F.3d 834, 1997 U.S. App. LEXIS 14875, 1997 WL 299376
Court of Appeals for the Eleventh Circuit·Decided June 20, 1997·No. 94-3594·Published·Cited by 39 cases

Opinion

PER CURIAM:

Appellant James R. Young (“Young”) appeals his conviction and sentence imposed by the district court for violation of 18 U.S.C. § 922(g) and § 924(e) (unlawful possession of a firearm). The district court sentenced Young to 262 months incarceration based on an offense level of 34 pursuant to U.S.S.G. § 4B1.4(b)(3)(A). Upon review of the record, we affirm Young’s conviction and sentence.

BACKGROUND

The prosecution of Young resulted from the Gainesville, Florida, police department’s search for Kristi S., a fourteen-year-old runaway. When the police finally located Kristi S., she informed them that she had been staying with Young at his apartment. Kristi S.told the police that while she was at Young’s apartment, she noticed guns in his attic. She observed a rifle in a canvas case and a handgun in a cardboard box.

The police conducted a criminal history check of Young and learned that he was a convicted felon. Based on this information, the police obtained a search warrant for Young’s apartment. During the search, they discovered the rifle in Young’s attic inside a zippered case as Kristi S. had described. The police also located the cardboard box, but the handgun was not inside. While conducting the search, the police realized that Young was hiding in the attic. Concerned that Young might be armed with the missing handgun, the police called a SWAT team to the scene. Young then came down from the attic and the police took him into custody.

The government charged Young with being a felon in possession of a firearm. During the trial, the government presented the testimony of James Anderson, whose home had been burglarized and from whom a rifle was stolen. Mr. Anderson identified his stolen rifle as the rifle discovered in Young’s attic. The government also presented evidence that Young’s fingerprints had been found at the point of entry of the burglary of the Anderson home. The court cautioned the jury to consider this evidence only in relation to Young’s knowledge of and possession of the gun. Following the trial, the jury returned a verdict of guilty. Pursuant to U.S.S.G. § 4B1.4(b)(3)(A), the district court sentenced Young to 262 months incarceration.

ISSUES

Young presents several issues for appellate review: (1) whether the search warrant for *836 Young’s home was invalid; (2) whether the district court erred in admitting evidence about Young’s prior crimes; (3) whether the district court erred in sentencing Young as a career criminal under U.S.S.G. § 4B1.4(b)(8)(A); and (4) whether the statute under which Young was convicted, 18 U.S.C. § 922(g)(1), is unconstitutional.

DISCUSSION

Having conducted a thorough review of the record, we summarily affirm the district court’s rulings on the validity of the search warrant and the admission of the evidence of Young’s prior crimes. 1 Young’s argument regarding the constitutionality of 18 U.S.C. § 922(g) is foreclosed by this court’s recent decision in United States v. McAllister, 77 F.3d 387, 389-90 (11th Cir.), cert. denied, — U.S. —, 117 S.Ct. 262, 136 L.Ed.2d 187 (1996). The final issue presented by Young — whether the district court erred in sentencing him as an armed career criminal under U.S.S.G. § 4B1.4(b)(3)(A) because Young’s possession of the firearm was not “in connection with” the burglary — merits discussion.

We review a sentencing court’s findings of fact for clear error and review its application of the law to the facts de novo. United States v. Ramsdale, 61 F.3d 825, 831 (11th Cir.1995). We hold that the district court did not err in sentencing Young as an armed career criminal because the firearm stolen in the burglary was possessed “in connection with” that burglary. Therefore, we affirm Young’s sentence.

We begin our analysis by focusing on the wording of U.S.S.G. § 4B1.4(b)(3)(A), which states:

(b) The offense level for an armed career criminal is the greatest of:
(3)(A) 34, if the defendant used or possessed the firearm or ammunition in connection with a crime of violence or controlled substance offense, as defined in § 4B1.2(1), or if the firearm possessed by the defendant was of a type described in 26 U.S.C. § 5845(a)[ ]; or

U.S.S.G. § 4B1.4(b). This section does not define possession “in connection with a crime of violence.” In the absence of any guideline definition, we must construe the phrase according to its ordinary and natural meaning. See Smith v. United States, 508 U.S. 223, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993). “[T]he meaning of statutory language, plain or not, depends on context.” King v. St. Vincent’s Hosp., 502 U.S. 215, 221, 112 S.Ct. 570, 574, 116 L.Ed.2d 578 (1991).

The Government urges this court to give the term “in connection with” a literal interpretation. Under the Government’s interpretation, the enhancement under § 4B1.4(b)(3)(A) was appropriate because Young did possess the firearm during the commission of the burglary. 2 Thus, giving the phrase its ordinary meaning, Young possessed the firearm in connection with a crime of violence — a burglary — whether he entered the dwelling with the firearm or later obtained the firearm while in the dwelling.

Our circuit has addressed the “in connection with” language used in U.S.S.G. § 4B1.4(b)(3)(A) and U.S.S.G. § 2K2.1(b)(5) in two cases. See United States v. Gainey, 111 F.3d 834 (11th Cir. 1997); United States v. Whitfield, 50 F.3d 947, 948 (11th Cir.), cert. denied, — U.S. -, 116 S.Ct. 234, 133 L.Ed.2d 163 (1995). In both cases we compared the varying approaches applied by other circuits (i.e., “possession” 3 or “facili *837 tation” 4 tests), but found that the facts of both cases did not require us to adopt either test because the sentences imposed by the district courts were not in error. Gainey, at 837; Whitfield, 50 F.3d at 949.

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United States v. Young, 115 F.3d 834, 1997 U.S. App. LEXIS 14875, 1997 WL 299376 (11th Cir. 1997).

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