Warner

MEMORANDUM **

Bernard Warner was convicted of one count of felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2), and sentenced to forty-one months’ imprisonment, three years of supervised release, and a $100 special assessment. He appeals his sentence on the ground that the district court erred in applying the U.S.S.G. § 2K2.1(a)(4)(B) 1 base offense level because the Government did not prove that he was aware of the characteristics of the firearm that brought it within the statutory definition of a machine gun. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(2). We affirm.

Warner argues that the district court erred applying § 2K2.1(a)(4)(B) without requiring the Government to prove scienter pursuant to United States v. Staples, 511 U.S. 600 , 114 S.Ct. 1793 , 128 L.Ed.2d 608 (1994) (holding that, in order to prove a 26 U.S.C. § 5861 (d) violation, the Government must prove beyond a reasonable doubt that the defendant was aware of the characteristics of the firearm that brought *754 it within the statutory definition of a machine gun). We review the district court’s interpretation of the Sentencing Guidelines de…