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.