Kurns

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-3779 D.C. No. Plaintiff - Appellee, 6:23-cr-00001-

BMM-

v.

BRANDON WADE KURNS,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Brian M. Morris, Chief District Judge, Presiding

Argued and Submitted October 21, 2024 Portland, Oregon

Filed February 20, 2025

Before: David F. Hamilton, * Lawrence VanDyke, and Holly A. Thomas, Circuit Judges.

Opinion by Judge Hamilton

* The Honorable David F. Hamilton, United States Circuit Judge for the Court of Appeals, Seventh Circuit, sitting by designation. SUMMARY **

Criminal Law

The panel affirmed the district court’s judgment in a case in which Brandon Wade Kurns pleaded guilty to being a felon in possession of a firearm. Kurns argued that the district court erred by starting with a base offense level of 20 pursuant to U.S.S.G. § 2K2.1(a)(4)(B)(i)(I), which applies when the offense involved a “semiautomatic firearm that is capable of accepting a large capacity magazine.” Kurns asserted that testimony about a magazine’s…