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103637P.pdf   02/10/2012  United States  v.  Harlan Davis
   U.S. Court of Appeals Case No:  10-3637
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Chief Judge Riley and Benton,
   Circuit Judges]
   Criminal Case - sentence. District court did not err in applying
   Guidelines section 2K2.1(a)(3). The history of the amended guidelines
   does provide a basis for disallowing the enhancement if the firearm that is
   capable of accepting a large capacity magazine is inoperable at the time
   of the offense. The textual argument also fails. The government proved
   that semiautomatic firearm "could be fixed to fire" and the weapon "will
   accept that magazine."