[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

_______ _________________ No. 16

- 11806 Non

- Argument Calendar

________________________ D.C. Docket No. 1:14

- cr - 00146

- ODE

- JKL

- 1
UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus DESHAWN REILLY, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Northern District of Georgia

______________ __________ (March 15, 2017) Before WILSON , JULIE CARNES, and JILL PRYOR , Circuit Judges. PER CURIAM: Deshawn Reilly appeals his 100

- month sentence for possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). Reilly appeals the

Case: 16-11806 Date Filed: 03/15/2017 Page: 1 of 42 district cou rt’ s application of the U.S. Sentencing Guidelines ( U.S.S.G. or Guidelines)

— specifically, the court’s calculation of the base offense level and imposition of two enhancements. We affirm.
T he district court calculated a base offense level of 22 , which applies if an offense involves a “ semiautomatic firearm that is capable of accepting a large capacity magazine” and if the defendant has a “felony conviction of either a crime of violence or a controlled substance offense. ” See U.S.S.G. § 2K2.1(a)(3)

. The n the district court imposed a two

- level enhancement , which applies if an offense involves three to seven firearms

. See id. § 2K2.1(b)(1)(A). Also, the district court imposed a four

- level enhancement , which applies if a defendant “[u]se[s] or
possesse [s] any firearm or ammunition in connection with anot her felony offense; or possesse[s] or transfer[s] any firearm or ammunition with knowledge, intent, or reason to believe that it would be used or possessed in connection with another felony offense.” Se e id. § 2K2.1(b)(6)(B)

. Appealing the calculation of the base offense level and the imposition of the two enhancements, Reilly disputes his possession of three firearms: a FN Herstal 5.7 pistol (which the parties agree qualifies as a “ semiautomatic fire arm . . . capable of accepting a large capacity magazine” ) , a Kel

- Tec pistol, and a Glock pistol. See id. § 2K2.1(a)(3)

. Specifically, Reilly disputes that the government established “constructive possession” of these firearms. The government can

Case: 16-11806 Date Filed: 03/15/2017 Page: 2 of 43 establ ish constr uctive possession by showing, with either direct or circumstantial evidence, that the defendant “exercise[d] ownership, dominion, or control over the item or ha [d] the power and intent to exercise dominion or control.” United States
v. Greer , 440 F.3d 1267, 1271 (11th Cir. 2006)

. Also, R eilly disputes that he possessed his Mossberg s hotgun

— the only firearm he admitted to possessing

— “ in connection with ” or “ with knowledge, intent, or reason to believe that it would be used or possessed in connection with” his possession of marijuana with intent to distribute. See U.S.S.G. § 2K2.1(b)(6)(B)

. Although we review de novo the court’s application of the Guidelines to its factual findings, w e review for clear error the factual findings. United S tates v. Johnson , 694 F.3d 1192, 1195 (11th Cir. 2012). We do not find clear error if the record supports the court’s findings

. United States v. Petrie , 302 F.3d 1280, 1290 (11th Cir. 2002). We find clear error only if we are le ft with a “ definite and fi rm conviction” that the court is mistaken

. United States v. Rothenberg , 610 F.3d 621, 624 (11th Cir. 2010) (internal quotation marks omitted).
T he district court sentenced Reilly after reviewing his text messages instructing his wife to purcha se gun s ; testimony of a pawnshop employee stating that Reilly directed his wife to purchase the FN Herstal 5.7 pistol and the Mossberg

s hotgun ; video of Reilly’s wife purchasing the two guns at the pawnshop ;
t estimony of agents at t he Bureau of Alcohol, Tobacco, Fi rearms and Explosives

Case: 16-11806 Date Filed: 03/15/2017 Page: 3 of 44 (ATF) that Reilly transported the guns in a car that he shared with his wife; Reilly’s admission to knowing that his wife kept the Kel

- Tec and Glock pistols inside their house ; and testimony of ATF agents finding items associated with drug distribution in the house , items such as heat sealers , packaging material, scales, marijuana, approximately $140,000 in cash, a money counter , a nd GPS trackers

. The record supports e ach finding of fact , and the facts establish Reilly ’s

con structive possession of the four firearms at issue . Also, the facts establish that Reilly possessed the firearms “ in connection with ”

— or “ with knowledge, intent , or reason to believe that [they] would be used or possessed in connection with”

— a felon y offense. See U.S.S.G. § 2K2.1(b)(6)(B). Nothing suggests that the district court erred in finding these facts. And after de novo review , we hold t hat the facts support the base offense level and the two enhancements. AFFIRMED. Case: 16-11806 Date Filed: 03/15/2017 Page: 4 of 4