Fоllowing a bench trial, Kevin Thomas was convicted of being a felon in possession of a firearm, a violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and of one count of pоssessing a firearm with an obliterated serial number, a violation of 18 U.S.C. §§ 922(k) and 924(a)(1)(B). The district court 1 sentenced Thomas to 120 months’ imprisonment for the felon in possession charge and 48 months’ imprisonment for possessing a firearm with an obliterated serial number and ordered that these sentences run consecutively. Thomas appeals from his convictions and sentence, raising four issues. We affirm.
I.
On May 10, 2005, an intoxicated Thomas went to the home of Jenny Quick in search of Quick’s boyfriеnd, Kirk Steinbach. Not finding Steinbach at Quick’s residence, Thomas left. Quick then found Steinbach and told him that Thomas had been at her home. Shortly thereafter, while Quick, Steinbach, and their children were driving back to Quick’s home, they saw Thomas’s van outside a store. They pulled into the parking lot and attempted to park alоngside the van, but Thomas moved his van and positioned it so that the headlights were shining into the passenger side of their car (the side on which Steinbach was seatеd). Steinbach stuck his head out of the car and indicated that he wanted to talk with Thomas. Reaching outside his van, Thomas cocked and pointed a small firearm at Quick’s car. Quick sped away, driving to her home.
Once they arrived at Quick’s home, Steinbach brought the children into the storm cellar and called the рolice while Quick waited outside to watch for Thomas, who arrived at Quick’s residence shortly thereafter. Quick spoke with Thomas and spotted a shotgun lodged between the two front seats of the van. Steinbach joined Quick and Thomas outside, and a verbal confrontation ensued between the two men. At somе point during this incident, Thomas remarked that he “had two guns” and that he “was going to kill [Steinbach].” The encounter continued to escalate, whereupon Steinbach retrieved his own firearm from the house. Thomas then returned to his van and drove away.
Minutes later, Thomas drove by the house a couple of times, evеntually returning to threaten Steinbach further. Thomas then left, but returned once more ten to fifteen minutes later, alighted from his van, and began yelling and hitting the van with his fist. At this point, the police arrived, whereupon Thomas jumped into his van and drove off, with a police vehicle in pursuit. Thomas stopped the vehicle shortly thereafter and was arrested. When the arresting officer looked into the van, he spotted a pistol lying on the front passenger side seat. When he enterеd the van, he also saw a shotgun, the serial number of which had been obliterated, lying on the floorboard between the driver’s and front passenger’s seats.
II.
Thomas claims first that the evidence was insufficient to prove that he
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possessed either the handgun or the shotgun. We review the sufficiency of the evidence suрporting a conviction
de novo,
viewing the “evidence in the light most favorable to the government, resolving conflicts in the government’s favor, and accepting аll reasonable inferences that support the verdict.”
United States v. Washington,
The evidence also sufficed to establish that Thomas constructively possessed the shotgun. In addition to his statement to Steinbach that he possessed two firearms, Thomas, as the driver and sole occupant of the van in which the shotgun wаs found, was clearly in constructive possession of the shotgun, which was within his reach.
See United States v. Tindall,
Thomas contends next that thе district court erred in finding that his 1991 Missouri state conviction for tampering in the first degree, which he acknowledges was based on his unlawful operation of a motоr vehicle without the owner’s consent, was a crime of violence as defined by United States Sentencing Guidelines (U.S.S.G.) § 4B1.2.
2
Thomas argues that, unlike theft of a motor vehicle, which we have held constitutes a crime of violence,
United States v. Sun Bear,
? also argues that the district court erred in finding that he possessed a firearm in connection with another felony offense. We disagree. “If the defendant used or possessed any firearm or ammunition in cоnnection with another felony offense,” the offense-level will be increased by four levels. U.S.S.G. § 2K2.1(b)(5). The district court concluded that a four-level enhancеment was appropriate because Thomas possessed a firearm in connection with the unlawful use of a firearm, a felony under Missouri law that can support a § 2K2.1(b)(5) enhancement.
See United States v. Gollhofer,
Finally, Thomas argues that his sеntence is unreasonable. We disagree. The district court calculated an advisory guidelines range of 168 to 210 months and then considered the factors set forth in 18 U.S.C. § 3553(a), including the seriousness of the offense, the need to protect the public, and the need to avoid unwarranted sentencing disparities. The district сourt then imposed a total sentence of 168 months’ imprisonment, a sentence at the low end of the guidelines range. We cannot say that this sentencе is unreasonable.
Nor do we discern any error in the decision to order that the second sentence be consecutive to the first. The “total punishmеnt” imposed by the district court was 168 months’ imprisonment.
See United States v. Ervasti,
The judgment is affirmed.
Notes
. The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.
. Section 2K2.1 provides that for offenses involving the unlawful possession of firearms, the base offense level will be 24 if the offense occurred subsequent to two felony convictions for crimes of violence. U.S.S.G. § 2K2.1(a)(2)(2005). Under § 4B1.2, crimes of violence include offenses that involve conduct which "presents a serious potential risk of physical injury to another.” § 4B1.2(a)(2).