Wednesday, June 06, 2012

"Obliterate" for Guideline Purposes Defined

US v. Justice, 2012 WL 1942096 (10th Cir. May 30, 2012), published. 4-level enhancement for possessing a weapon with an obliterated serial number (USSG 2K2.1(b)(4)) was properly imposed even though the serial number was restored with chemicals by the forensics lab. "We hold that obliterate in the context of ยง 2K2.1(b)(4) means to make indecipherable or imperceptible, not necessarily irretrievable[.]" 4-level enhancement for possessing a firearm in connection with another felony offense (USSG 2K2.1(b)(6) was properly imposed because the evidence was sufficient to show that possessing the gun facilitated the defendant's possession of drugs by emboldening him. Court's failure to make a specific finding regarding the facilitation was not plain error.