United States v. Jones
643 F.3d 257
8th Cir.2011Background
- Jones pled guilty to felon in possession of a firearm, a fully loaded .380 Baikal pistol, violating 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- District court calculated an advisory Guidelines range of 77–96 months (level 21, category VI) and sentenced at the bottom of that range.
- The sole appeal concerns whether the district court properly applied the four-level enhancement under § 2K2.1(b)(4)(B) for an altered or obliterated serial number.
- A forensic specialist found the serial number reappeared when a weak acid was applied, after being partly filed off or scratched away.
- At sentencing the court treated the issue as obliteration, adopting the Carter line of reasoning; Jones challenged this approach.
- The court ultimately affirmed the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(4)(B) applies to an altered or obliterated serial number | Jones argues the district court erred in applying the enhancement. | Jones (defendant) contends the serial number was not altered or obliterated as required. | Yes; serial number was altered or obliterated. |
Key Cases Cited
- Carter, 421 F.3d 909 (9th Cir. 2005) (interprets 'altered or obliterated' to require material change making information less accessible)
- Pierson, 219 F.3d 803 (8th Cir. 2000) (recognizes that affirmance can be based on any supported basis in the record)
- Perez, 585 F.3d 880 (5th Cir. 2009) (same approach to altered/obliterated serials; supports Carter line)