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United States v. Reid

United States Court of Appeals, Eighth Circuit

July 5, 2016

United States of America, Plaintiff- Appellee,
Warnell Reid, Defendant-Appellant.

          Submitted: January 15, 2016

         Appeal from United States District Court for the Eastern District of Missouri - St. Louis

          Before WOLLMAN, MELLOY, and COLLOTON, Circuit Judges.

          COLLOTON, Circuit Judge.

         A jury convicted Warnell Reid of possession of a firearm as a previously convicted felon. See 18 U.S.C. § 922(g)(1). The district court determined that Reid was subject to a mandatory minimum sentence of 180 months' imprisonment pursuant to 18 U.S.C. § 924(e), and sentenced him to 188 months in prison. Reid appealed, and this court vacated the sentence and remanded for resentencing, because § 924(e) was inapplicable to Reid. United States v. Reid, 769 F.3d 990, 995 (8th Cir. 2014). On remand, the district court [*] sentenced Reid to 96 months' imprisonment, a sentence at the top of the revised advisory guideline range. Reid appeals and raises several issues relating to his sentence. We affirm.


         The prosecution arose from events that transpired when law enforcement officers executed an arrest warrant for Earnestine Graham, Reid's girlfriend, at her residence in November 2011. At the time, Reid was on parole for three felonies in Missouri: robbery, armed criminal action, and possession of a controlled substance in a correctional facility.

         After arresting Graham without incident, officers searched the home. In a first-floor bedroom, officers discovered a semiautomatic SKS assault rifle with a loaded 30-round magazine attached to the weapon, a loaded twelve-gauge shotgun, and a disassembled .44 caliber revolver. Officers also found in the bedroom several of Reid's possessions, including a cell phone, wallet and identification, articles of clothing, a to-do list Reid had written the day before, and two folders containing documents in Reid's name.

         Graham told the officers that Reid lived at the residence and that the firearms belonged to him. As officers were placing the weapons in their vehicle, Reid arrived at the residence and parked his car nearby. Officers arrested Reid and recovered keys in his possession that opened the front door of the residence and a padlock in the home's kitchen.

         A grand jury charged Reid with unlawful possession of a firearm as a previously convicted felon, and the case proceeded to trial. There was no dispute that Reid was a convicted felon, but Reid denied that he possessed a firearm. The firearms and other evidence seized at the home were received in evidence. Graham testified that Reid had purchased the assault rifle and shotgun. She also said that after Reid began living at the residence in September 2011, he brought the firearms into the home and kept them in a first-floor bedroom closet with a combination lock. She explained that Reid removed the firearms from the closet the day before the search while he was under the influence of narcotics.

         Reid testified at trial and denied living at Graham's residence. He testified that he left his papers and the to-do list at the residence on the day before the search, and he claimed that nearly all of the clothing seized belonged to Graham. Reid said he "had nothing to do" with the firearms in the house. The jury found Reid guilty, and a sentencing and appeal followed.

         On remand from the first appeal, the district court held a resentencing hearing. The court received evidence, determined an advisory guideline range of 77 to 96 months' imprisonment, and imposed a sentence of 96 months, to be served consecutive to a sentence that Reid was serving in Missouri. Reid appeals the sentence, raising claims of procedural error and substantive unreasonableness. We review the district court's interpretation of the sentencing guidelines de novo and its factual findings for clear error. United States v. Sigillito, 759 F.3d 913, 940 (8th Cir. 2014).


         Reid argues that the district court erred in allowing the government on remand to add evidence to the existing record. Our prior opinion, however, did not address the issues raised on remand or limit the scope of the proceedings. The district court was thus permitted to consider any relevant evidence that it could have received at Reid's first sentencing hearing. United States v. Kendall, 475 F.3d 961, 964 (8th Cir. 2007).

         Reid's first claim of procedural error is that the district court incorrectly determined that his base offense level was 22. Under USSG § 2K2.1(a)(3), a defendant convicted for unlawful possession of a firearm is assessed a base offense level of 22 when (1) "the offense involved a . . . semiautomatic firearm that is capable of accepting a large capacity magazine, " and (2) "the defendant committed any part of the instant offense subsequent to sustaining one felony conviction of either a crime of violence or a controlled substance ...

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