United States v. Myers

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 of the sentencing enhancement violated the Ex Post Facto Clause of the United States Constitution. Finding no constitutional error, we affirm.

I

A

The firearm at…