Altered Serial Numbers

Nolan Sharp appealed his sentence following his plea of guilty to a violation of being a felon in possession of a firearm. He argued the district court erred by enhancing his sentence under U.S.S.G. 2K2.1(b)(4)(B) which applies when a defendant’s firearm “had an altered or obliterated serial number.” Sharp contended his rifle never had a serial number.

The Fifth Circuit agreed with Sharp. It held § 2K2.1(b)(4)(B) does not apply where there is no evidence the firearm ever had a serial number. The text of the guideline is clear that it only applies when the firearm “had an altered or obliterated serial number.” Something, the court said, cannot be “altered or obliterated” if it never existed in the first place. Consequently, the district court erred by enhancing Sharp’s guideline calculations.

United States v. Sharp

Peter Smythe

Peter is a federal criminal-defense lawyer who has defended individuals accused of federal crimes, from healthcare fraud to drug crimes to everything in between. He maintains an active appellate practice and is frequently consulted for various sentencing issues, including United States Guideline calculations.

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