RILEY, Chief Judge.
Pursuant to a plea agreement, Michael Adkins pled guilty to being a felon in possession of ammunition in violation of 18 U.S.C. § 922(g)(1). The district court
Adkins raises seven issues on appeal. He alleges the district court erred in (1) denying his motion to suppress, (2) applying a four-level sentencing enhancement for possession of a firearm in connection with a felony pursuant to U.S.S.G. § 2K2.1(b)(6), (3) ruling Adkins's prior state breaking and entering conviction was a crime of violence for the purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), (4) ruling his prior state second degree burglary conviction was an ACCA crime of violence, (5) imposing a substantively unreasonable sentence, (6) applying a two-level enhancement, pursuant to U.S.S.G. § 2K2.1(b)(1)(A), because the offense involved possessing five or more firearms, and (7) finding Adkins was an armed career criminal when, in his previous state felony cases, Adkins's counsel never advised him about the ACCA before he pled guilty.
Most of Adkins's arguments are foreclosed because Adkins waived them in his plea agreement with the government.
United States v. Selvy, 619 F.3d 945, 950 (8th Cir.2010) (quoting United States v. Snelson, 555 F.3d 681, 685 (8th Cir.2009)). When Adkins pled guilty, the magistrate judge,
We enforce the appeal waiver as to Adkins's appeal issues (2)-(4) and (6). Among other things, the plea agreement states:
The applicability of sentencing enhancements under the Guidelines and predicate felonies under the ACCA are sentencing issues Adkins waived.
Adkins's issue (7), also attacking the district court's imposition of the ACCA, is similarly waived, except to the extent Adkins raises a claim for ineffective assistance of counsel. And we have "explain[ed] ordinarily, we do not address claims of ineffective assistance of counsel on direct appeal because such claims usually involve facts outside of the existing record and are therefore best addressed in postconviction proceedings under 28 U.S.C. § 2255." United States v. Jones, 586 F.3d 573, 576 (8th Cir.2009). We also do not address where, if anywhere, Adkins could raise his ineffective assistance of counsel claims regarding these earlier state convictions.
Finally, Adkins argues in his issue (5) that his sentence is substantively unreasonable. The government contends the appeal waiver forecloses this argument as well. Without deciding whether Adkins waived his right to appeal the substantive reasonableness of his sentence, we hold Adkins's sentence was substantively reasonable. Adkins was sentenced within his Guidelines range, and as this court has often stated, "we accord a presumption of reasonableness to a sentence within the advisory guideline range." United States v. Vinton, 631 F.3d 476, 487 (8th Cir.2011) (citing Rita v. United States, 551 U.S. 338, 341, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007)). Adkins's substantive reasonableness argument does not overcome the reasonableness presumption and is unavailing.
All that remains is Adkins's suppression issue, which was specifically excluded from the appeal waiver. This court reviews the district court's ultimate Fourth Amendment determination de novo, but reviews the underlying factual findings for clear error. See United States v. Brewer, 624 F.3d 900, 905 (8th Cir.2010). Adkins argues the district court should have suppressed much of the evidence in his case because he insists the evidence was obtained in violation of his Fourth Amendment right to be free from unreasonable searches and seizures and his Fifth Amendment right against self-incrimination. See U.S. Const. amends. IV, V. Specifically, Adkins alleges the searches of his home conducted on September 9, September 10, November 16, and December 22, 2005, were unreasonable and a January 24, 2006, interrogation violated his Miranda rights. We have reviewed the record and find no legal error or clearly erroneous
We affirm in part and dismiss in part.