United States v. Donovan Jackson
CourtCourt of Appeals for the Fourth Circuit
Date FiledOctober 16, 2026
Docket26-4053
StatusUnpublished
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Full Opinion
USCA4 Appeal: 26-4053 Doc: 28 Filed: 10/16/2026 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 26-4053
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONOVAN JAMES JACKSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Sherri A. Lydon, Chief District Judge. (3:25−cr−00506−SAL−1)
Submitted: September 3, 2026 Decided: October 16, 2026
Before THACKER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Kimberly H. Albro, Assistant Federal Public Defender, OFFICE OF THE
FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant. Bryan P.
Stirling, United States Attorney, Michael G. Shedd, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Donovan James Jackson (“Appellant”) appeals his 33 month sentence imposed
following his guilty plea to possession of a firearm by a convicted felon, in violation of 18
U.S.C. § 922(g)(1). On appeal, Appellant challenges the district court’s application of a
base offense level based on Appellant’s possession of a semiautomatic firearm capable of
accepting a large capacity magazine (the “Enhancement”). U.S.S.G. § 2K2.1(a)(4)(B)
(2025). He argues the district court should have interpreted the meaning of “large capacity
magazine” pursuant to Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024), rather than
give deference to the United States Sentencing Guidelines (“Guidelines”) commentary
pursuant to Kisor v. Wilkie, 588 U.S. 558 (2019).
We have reviewed the record and find no reversible error. It is well established that
Kisor provides the appropriate framework for determining whether to defer to the
Guidelines’ commentary. See United States v. Boler, 115 F.4th 316, 322 (4th Cir. 2024)
(“When deciding whether to defer to the Guidelines’ commentary, we apply the framework
set forth in Kisor.”). And in United States v. Holman, we applied the Kisor framework and
afforded deference to the Guidelines commentary definition of “large capacity magazine”
as a magazine “that c[an] accept more than 15 rounds.” 171 F.4th at 316. This case concerns
the same Guidelines commentary definition of the same term. Therefore, because
Appellant possessed a firearm with a magazine capable of accepting 17 rounds of
ammunition, the district court did not err in assessing the Enhancement against him.
Moreover, given the district court’s thorough consideration of the Section 3553(a)
factors, the district court did not abuse its discretion. Even if the district court erred in
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applying the Enhancement, that error was harmless because the district court would have
imposed the same sentence without the Enhancement and the sentence was substantively
reasonable.
For the foregoing reasons, we affirm the district court’s judgment. We dispense
with oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
AFFIRMED
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