United States v. Johnnie Jamaron Shields

── United States v. Johnnie Jamaron Shields ── Court: Court of Appeals for the Eleventh Circuit Date: May 04, 2026 Category: NEW USCA11 Case: 25-11299 Document: 48-1 Date Filed: 05/04/2026 Page: 1 of 5 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-11299 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHNNIE JAMARON SHIELDS, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:24-cr-00116-VMC-LSG-1 ____________________ Before ABUDU, ANDERSON, and WILSON, Circuit Judges. PER CURIAM: Defendant-Appellant Johnnie Shields appeals his sentence of 121 months’ imprisonment for possession of ammunition as a felon pursuant to U.S.S.G. §§ 2K2.1(c)(1)(A) and 2A2.1(a). On appeal, USCA11 Case: 25-11299 Document: 48-1 Date Filed: 05/04/2026 Page: 2 of 5 2 Opinion of the Court 25-11299 Shields argues that the district court’s factual finding that he com- mitted attempted first-degree murder was clearly erroneous be- cause it failed to make a finding that he had the specific intent to kill, and the court’s finding that he acted with premeditation could not support the application of the cross-reference provision in U.S.S.G. § 2K2.1. After careful review, we affirm. I. We “review a district court’s fact findings for clear error and its interpretation of the Sentencing Guidelines de novo.” United States v. Cenephat, 115 F.4th 1359, 1367 (11th Cir. 2024) (per cu- riam). When a defendant objects to the factual basis of his sen- tence, the government bears the burden of establishing the dis- puted facts. Id. at 1367–68. The government must establish a sen- tencing enhancement by a preponderance of reliable evidence be- fore the district court. Id. at 1368. II. The normal base offense level for a violation of 18 U.S.C. § 922(g)(1) is § 2K2.1. But Section 2K2.1 contains a cross-reference provision that states, “[i]f the defendant used or possessed any fire- arm or ammunition cited in the offense of conviction in connection with the commission or attempted commission of another of- fense,” the district court should instead apply the guideline in U.S.S.G. § 2X1.1 “in respect to that other offense, if the resulting offense level is greater” than the default offense level. U.S.S.G. § 2K2.1(c)(1)(A). Section 2X1.1 of the Sentencing Guidelines states that “[w]hen an attempt, solicitation, or conspiracy is expressly USCA11 Case: 25-11299 Document: 48-1 Date Filed: 05/04/2026 Page: 3 of 5 25-11299 Opinion of the Court 3 covered by another offense guideline section, apply that guideline section.” Id. § 2X1.1(c)(1). Attempted murder is one of the offenses encompassed by § 2X1.1(c)(1). Id. § 2A2.1. The guideline for at- tempted murder has a base offense level of 33 “if the object of the offense would have constituted first degree murder.” Id. § 2A2.1(a)(1). In the Application Notes to this guideline, “first de- gree murder” is defined as conduct that would constitute first de- gree murder under 18 U.S.C. § 111