United States v. Warren, No. 15-12519 (11th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to one count of illegally receiving a firearm while under indictment for robbery by intimidation, and then appealed the district court's application of a four-level enhancement under USSG 2K2.1(b)(4)(B) for his possession of a firearm that “had an altered or obliterated serial number.” When defendant was arrested, the serial number on the gun’s frame was intact, while the serial number on its slide had been altered or obliterated. The court held that the section 2K2.1(b)(4)(B) enhancement applies either when any serial number on a gun has been altered or obliterated or when just one serial number has been altered or obliterated. Because the text of section 2K2.1(b)(4)(B) is not ambiguous, the court need not resort to an in pari materia reading. Finally, the fact that the number was not required by federal regulations is irrelevant. Accordingly, the court affirmed the judgment.
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