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U.S. v. MYERS

No. 07-4417.

553 F.3d 328 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James Wesley MYERS, Jr., a/k/a Jimmy, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 16, 2009.

Attorney(s) appearing for the Case

ARGUED: Ross Hall Richardson, Federal Defenders Of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Peter Adolf, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILLIAMS and Judge KING joined.

OPINION

TRAXLER, Circuit Judge:

James Myers, who had previously been convicted of a felony, pleaded guilty to a charge of unlawful possession of a firearm. See 18 U.S.C.A. § 922(g)(1) (West 2000). Because the firearm was capable of accepting a large-capacity magazine, the district court at sentencing increased Myers's base offense level by six points. See U.S.S.G. § 2K2.1(a)(4)(B)(i)(I) (2006). Myers appeals, arguing that the application...

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