## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-3660

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Minnesota. * Scott L. Haynes, * [UNPUBLISHED] * Appellant. *

___________ Submitted: November 14, 2005 Filed: November 22, 2005

___________ Before WOLLMAN, FAGG, and MELLOY, Circuit Judges.

___________ PER CURIAM. The Government charged Scott L. Hayne s with possession of an unregistered 12-gauge Browning semiautomatic shot gun having a barrel le ngth of less than eighteen inches, being a felon in posse ssion of a 12-gauge Browning semiautomatic shotgun with the same serial number, po ssession of a stolen shotgun, and possession of a stolen vehicle. A jury convicted Haynes. Citing Blakely v. Washington , 124 S. Ct. 2531 (2004), Haynes objected at sentencing to the use of facts not decided by the jury as the basis for increases from th e minimum sentence, including the career* The Honorable John R. Tunheim, United St ates District Judge for the District of Minnestoa. -2- offender increase in U.S.S.G. § 4B 1.1. The district court * consulted the Sentencing Reform Act of 1984, treated the Guidelin es as advisory, found Haynes was a career offender, and sentenced him to 360 months in prison. After Haynes’s sentencing, the Supreme Court decided United States v. Booker , 542 U.S. ___, 125 S. Ct. 738 (2005) (Sixth Amendment precludes imposition of se ntencing increases based on facts (other than earlier conviction) not admitted by the defendant or found by a jury beyond a reasonable doubt). On appeal, Haynes contends the districtcourt enhanced his sentence under the career offender guideline in violation of Booker . A defendant is a career offender if the offense of conviction is a felony that is a crime of violence and the defendant has at least two earlier felony convictions for crimes of violence. U.S.S.G. § 4B1.1(a); see id. § 4B1.2(a) (defining crime of violence), id. § 4B1.2(c) (defining two earlier felony convictions). Haynes argues a jury, rather than the district court, should have made the findings that Haynes’s possession of a sawed-off shotgun and his earlier convictions for residential burglaries were crimes of violence. We have repeatedly rejected this argument, however, holding Booker does not apply to the judicial determination of whether an offens e is a crime of violence. See United States v. Smith , 422 F.3d 715, 723 (8 thCir. 2005). Reviewing the issue de novo, we conclude the offenses were crimes of violence under U.S.S.G. § 4B1.2(a). Smith , 422 F.3d at 722. Po ssession of a sawed-off shotgun is a crime of violence under U.S.S.G. § 4B1.2(a). United States v. Allegree , 175 F.3d 648, 651(8 thCir. 1999); United States v. Johnson , 246 F.3d 330, 334-35 (4 th Cir. 2001). Further, Haynes’s residential burglaries are crimes of violence as defined in U.S.S.G. § 4B1.2(a)(2). United States v. Wright , 340 F.3d 724, 735 (8 thCir. 2003).-3- Haynes did not challenge the documentati on regarding his earlier crimes, and the district court did not have to look beyond the fact of the convictions to determine they were crimes of violence. See Smith , 422 F.3d at 722-23. We thus affirm Haynes’s sentence.

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