United States v. Jones, No. 10-3495 (8th Cir. 2011)
Annotate this CaseDefendant pled guilty to being a felon in possession of a firearm, a fully loaded .380 Baikal semiautomatic pistol with part of the serial number "filed off" or "scratched over." At issue was whether the district court properly applied a four-level enhancement under U.S.S.G. 2K2.1(b)(4)(B). The court held that the district court properly applied the enhancement where the serial number was "altered or obliterated" and where the fact that numbers could be recovered in lab by scientific methods did not change the fact that the numbers were obliterated for sentencing purposes. Accordingly, the sentence was affirmed.
Court Description: Criminal case - District court did not err in applying a four-level enhancement under Guidelines Sec. 2K2.1(b)(4)(B) for possession of a firearm with obliterated serial numbers; fact that the numbers could be recovered in lab by scientific methods did not change the fact that the numbers were obliterated for sentencing purposes.
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