No. 24-1168 ___________________________

United States of America

Plaintiff - Appellee

v.

George Harper, Jr.

Defendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: September 27, 2024 Filed: January 3, 2025 ____________ Before COLLOTON, Chief Judge, LOKEN and SHEPHERD, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

George Harper, Jr. was indicted for being a felon in possession of ammunition after law enforcement investigated a shooting in Davenport, Iowa. After two unsuccessful suppression motions, he pled guilty. At sentencing, the district court1 calculated Harper’s United States Sentencing Guidelines (USSG) range by applying

1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. the attempted murder cross-reference and sentenced Harper to 67 months’ imprisonment. Harper appeals the application of the cross-reference and the denial of one of his suppression motions. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

On September 3, 2022, officers from the Davenport Police Department responded to a shooting at a gas station. A bullet grazed a bystander who required medical attention. He was, however, able to converse and relay what happened. The bystander and other witnesses told police that there had been two volleys of shots fired in quick succession. Officers located seven shell casings at the property—four near gas pumps on the east side of the lot, and three others a bit further south— corroborating this account. Analysis of the shell casings revealed that they had markings consistent with being fired from the same firearm.

Police reviewed surveillance footage from the gas station, which showed an individual carrying a firearm with an extended magazine and firing the weapon several times. The video also showed the shooter talking with a third person—who officers were able to identify as J.H.—near the gas pump where officers found the first group of shell casings. On September 6, Detective Dan Reeves interviewed J.H., who said that he knew the shooter only as “G.” According to J.H., he spoke with “G” at the gas station, and “G” displayed a firearm with an extended magazine. While they were speaking, “G” told J.H. to “get out of the way” and started firing at a car that had just arrived.

J.H. also told officers that “G” arrived at the gas station with J.H.’s son— A.H.—right before the shooting. Detective Reeves interviewed A.H. that same day. A.H. told the police that he knew “G”—though not very well—and gave him a ride to the gas station from a local bar, with a brief stop at a pharmacy along the way. When shown a still image from gas station surveillance footage, A.H. identified the shooter as “G.” -2- The next day, on September 7, Detective Reeves again met with A.H. This time, Detective Reeves brought a photo array 2 to see if A.H. could identify the shooter. Harper’s photograph was included in the array. With his thumb placed directly above Harper’s picture, Detective Reeves displayed the array and asked A.H. if he could identify the shooter. After A.H. said he “didn’t know [‘G’] like that,” Detective Reeves expressed his frustration. He told A.H. that he knew A.H. wasn’t telling the truth. He insisted that A.H. could “sell somebody else that bullshit,” but Detective Reeves “d[id] n