On February 9, 2011, a jury found Gus-tine Evelyn Augustine guilty of being a prohibited person in possession of firearms and ammunition. 18 U.S.C. § 922(g)(1), (3). The district court 1 imposed a sentence of twenty-four months, varying downward from the Guidelines range of forty-six to fifty-seven months. On appeal Augustine challenges the district court’s evidentiary rulings, her conviction, and her sentence. We affirm.
I. Background
Since at least 1998, Augustine has lived with Joseph Belt, an avid hunter, in his trailer in Pacific Junction, Iowa. They used marijuana frequently, and Augustine used methamphetamine periodically. Augustine had a troubled relationship with her drug dealer, Kevin Hershman. On July 23, 2010, Augustine and an acquain *371 tance, Tammy Rocha, drove to Hershman’s residence in Lincoln, Nebraska. At trial Hershman testified that their meeting ended abruptly when Augustine fled after stealing from Hershman’s car a bag containing valuable items. Hershman sent text messages to Augustine concerning the theft, and he and Rocha reported the theft to the Lincoln police. Hershman and Rocha then drove to Belt and Augustine’s trailer in Pacific Junction, after which they went to the Mills County Sheriffs Office and made largely corroborative statements to the police regarding the theft. They both also stated that Augustine’s car dragged Rocha down the street as Augustine drove away with Hershman’s bag. In her statement, Rocha alleged that Augustine drove to Hershman’s residence that day intending to consume illegal narcotics, that Augustine accused Rocha of stealing Augustine’s key to a gun safe in Augustine and Belt’s residence, and that Belt kept a hunting rifle in a closet near their bed. Rocha also stated that the stolen bag contained illegal narcotics, and in addition she made statements concerning her own drug use.
Mills County Sheriffs Deputy Joshua England thereafter surveilled Augustine and Belt’s residence, observing an individual enter and then leave the trailer. A traffic stop and subsequent arrest of that individual revealed possession of marijuana and methamphetamine. Based on that arrest and on Hershman’s and Rocha’s statements, Deputy Denise Jens applied for and obtained a warrant to search the residence.
Upon executing the warrant that same day, police observed that Augustine appeared to be sleeping on a couch in the living room and that Belt appeared to be walking toward a shotgun that was also in the living room not far from Augustine. In addition to that shotgun, the search revealed five firearms in a locked gun safe located in their bedroom. The deputies also found marijuana in the gun safe, ammunition on the bedroom floor, and drug paraphernalia on a living room coffee table. The deputies also recovered from the coffee table a key chain that included a key to the gun safe. After receiving a warning pursuant to
Miranda v. Arizona,
At trial Augustine testified that she did not have access to the locked gun safe. Belt testified that he kept the gun safe locked, but he also testified that he kept his key to the gun safe in an unlocked dresser in their bedroom. Further, Hershman testified at trial that he once stole a key to Belt’s gun safe from Augustine’s key chain.
In the weeks following her arrest, Augustine left a series of irate and profane voice messages with the Sheriffs Office. Many of those messages pertained to a key to the gun safe that Augustine alleged was in the possession of the Sheriffs Office. In those messages she repeatedly used language indicating that she and Belt jointly owned the gun safe.
A federal grand jury returned an indictment against Augustine on October 13, 2010, charging her with being a felon and an unlawful user of a controlled substance in possession of firearms and ammunition. 18 U.S.C. § 922(g)(1), (3). The grand jury then returned a superseding indictment on November 16, 2010, adding Belt as a co-defendant. Augustine moved to suppress the evidence obtained from the search of the trailer, which the district court denied. The district court also denied a motion for judgment of acquittal that Augustine made *372 at the close of evidence. After the jury returned a guilty verdict, the district court denied Augustine’s post-trial motions for judgment of acquittal and for a new trial. The district court then sentenced Augustine to twenty-four-months’ imprisonment on May 9, 2011, varying downward from the Guidelines range of forty-six to fifty-seven months.
II. Analysis
a. The Evidentiary Rulings
Augustine first argues that the search warrant lacked probable cause and that the district court therefore erred when it denied her motion to suppress the fruits of the search conducted pursuant to that warrant. “On appeal of the grant or denial of a motion to suppress, we review the district court’s historical factual findings for clear error and its conclusions of law on the probable cause issue de novo.”
United States v. Wells,
The search warrant application in this case supports a finding of probable cause. As the district court noted, Rocha’s and Hershman’s statements largely corroborate each other. Consistent with Rocha’s statement that the stolen bag contained illegal narcotics, Deputy England found both marijuana and methamphetamine on an individual after that person left Augustine’s residence. Further, Rocha alleged that she had seen narcotics and firearms in the trailer on prior occasions. Finally, Rocha made statements against her own penal interest when she told law enforcement about her own drug use, further establishing her credibility.
United States v. Tyler,
Next, Augustine argues that the district court erred when it admitted into evidence some of the voice messages that Augustine left with the Sheriffs Office. Specifically, Augustine argues that those pieces of evidence were unfairly prejudicial under Fed.R.Evid. 403. “ ‘A district court enjoys wide discretion in ruling on the admissibility of proffered evidence, and evidentiary rulings should only be overturned if there was a clear and prejudicial abuse of discretion.’ ”
Vasquez v. Colores,
While the voice messages are probative of Augustine’s ability to exercise dominion and control over Belt’s firearms — in those messages she at times refers to the gun safe as “our” gun safe— Augustine argues that the inflammatory language she used in those messages unfairly prejudiced the jury against her. While Augustine’s language and tone in the voice messages may have had a preju
*373
dicial effect, the district court mitigated any such prejudice by admitting some but not all of the voice messages. “Given that under Rule 403 the general rule is that the balance should be struck in favor of admission, and that we must give great deference to the trial judge who saw and heard the evidence, we cannot say that the trial court abused its discretion in admitting” the recordings.
United States v. Levine,
b. The District Court’s Denial of Augustine’s Motions for Judgment of Acquittal and for a New Trial
Augustine next argues that the district court erred in denying her motion for judgment of acquittal, challenging the sufficiency of the evidence. “ ‘In reviewing the sufficiency of the evidence to support a guilty verdict, we look at the evidence in the light most favorable to the verdict and accept as established all reasonable inferences supporting the verdict.’ ”
United States v. Campa-Fabela,
The only contested element of the charged offense is whether Augustine constructively possessed a firearm or ammunition. “ ‘Constructive possession of the firearm is established if the person has dominion over the premises where the firearm is located, or control, ownership, or dominion over the firearm itself.’ Constructive possession can also be established ‘by a showing that the firearm was seized at the defendant’s residence.’ ”
United States v. Abdul-Aziz,
Augustine points to evidence showing that she never had access to Belt’s firearms because they were locked in the gun safe. In addition, Augustine attempts to diminish the import of evidence indicating that she did in fact enjoy dominion and control over those firearms. She characterizes her voice messages indicating that she and Belt jointly owned the gun safe as “sloppy statements during rants.” She argues that her mere proximity to the shotgun in the living room does not establish the knowing ability to exercise dominion and control over the firearm. And she argues that Hershman lacks sufficient knowledge to state that the key chain from which he took the key belonged to Augustine.
In essence, Augustine urges this Court to make witness assessments and credibility determinations that are contrary to those the jury made, which is exactly what this Court cannot do. “We do not weigh the evidence or assess the credibility of the witnesses. The jury has the responsibility of resolving conflicts or contradictions in testimony, and we resolve any credibility issues in favor of the verdict.”
United States v. Ali,
As to Augustine’s motion for a new trial, it was “the district court’s task to weigh the evidence and evaluate the witnesses’ credibility to determine if a miscarriage of justice may have occurred.”
United States v. Devries,
c. The Sentence
First, Augustine challenges the district court’s application of a two-level enhancement for possession of three to seven firearms pursuant to U.S. Sentencing Guidelines Manual § 2K2.1(b)(l)(A) (2009). “ ‘This court reviews the district court’s construction and application of the Sentencing Guidelines de novo, and we review its factual findings regarding enhancements for clear error.’ ”
United States v. Jackson,
Augustine argues that she did not have access to Belt’s gun safe, pointing to Belt’s testimony to that effect. Further, Augustine attacks Hershman’s testimony — that Augustine in fact possessed a key to the safe — by highlighting Hershman’s criminal record and motive to lie. Again, however, such credibility determinations are not for this Court to make.
United States v. Garcia,
Second, Augustine argues that the district court erred in denying a downward departure based on an over-represented criminal history. “We have no authority, however, to review the district court’s denial of Defendant’s request for a downward departure because Defendant does not _ argue that the district court had an unconstitutional motive in denying [her] request and because the district court recognized that it had the authority to depart downward.”
United States v. Butler,
Finally, Augustine argues that the district court’s denial of her motion for a variance to a sentence of probation was “simply unreasonable.” We review the “ ‘substantive reasonableness of the sentence imposed under an abuse-of-discretion standard ..., takfing] into account the totality of the circumstances, including the extent of any variance from the Guidelines range.’ ”
United States v. Hill,
III. Conclusion
We affirm the decision of the district court.
Notes
. The Honorable James E. Gritzner, Chief Judge, United States District Court for the Southern District of Iowa.