District Erred in Imposing a Four-Level Sentencing Guideline Firearm Enhancement
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In the case of United States v. Sharp, No. 22-20222, at *1 (5th Cir. Mar. 20, 2023), Nolan Sharp appealed his sentence following a guilty-plea conviction of being a felon in possession of a firearm. Sharp argued that the district court erred in enhancing his sentence under U.S.S.G. § 2K2.1(b)(4)(B), which applies only when a defendant's firearm "had an altered or obliterated serial number," because there was no evidence that his rifle ever had a serial number. The Fifth Circuit Court of Appeals agreed with Sharp and joined all other circuits that have considered this question, vacating Sharp's sentence and remanding for further proceedings.
District Erred in Imposing a Four-Level Sentencing Guideline Firearm Enhancement
District Erred in Imposing a Four-Level…
District Erred in Imposing a Four-Level Sentencing Guideline Firearm Enhancement
In the case of United States v. Sharp, No. 22-20222, at *1 (5th Cir. Mar. 20, 2023), Nolan Sharp appealed his sentence following a guilty-plea conviction of being a felon in possession of a firearm. Sharp argued that the district court erred in enhancing his sentence under U.S.S.G. § 2K2.1(b)(4)(B), which applies only when a defendant's firearm "had an altered or obliterated serial number," because there was no evidence that his rifle ever had a serial number. The Fifth Circuit Court of Appeals agreed with Sharp and joined all other circuits that have considered this question, vacating Sharp's sentence and remanding for further proceedings.