Trumbull

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-912 D.C. No. Plaintiff - Appellee, 9:22-cr-00052-

DLC-

v.

DEREK STEVEN TRUMBULL,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Argued and Submitted May 6, 2024 Seattle, Washington

Filed August 22, 2024

Before: William A. Fletcher, Carlos T. Bea, and John B. Owens, Circuit Judges.

Opinion by Judge Owens; Concurrence by Judge Bea SUMMARY *

Criminal Law

The panel affirmed a sentence imposed on Derek Steven Trumbull following his guilty plea to being a felon in possession of a firearm. Trumbull challenged the district court’s calculation of his Guidelines range—specifically, the increase of his offense level under U.S.S.G. § 2K2.1(a)(4)(B) on the ground that the offense involved a semiautomatic firearm that is capable of accepting a large capacity magazine. Section 2K2.1 does not define a “semiautomatic firearm that is capable of accepting a large capacity magazine,” but Application Note 2 of the commentary to § 2K2.1 says…