United States v. Sands, 948 F.3d 709 (6th Cir. 2020). The four-level altered serial number enhancement at §2K2.1(b)(4)(B) could not apply where the numbers on the firearm were defaced but still visible to the naked eye. “Altered or obliterated” means “materially changed in a way that makes accurate information less accessible.”
United States v. Fugate, 964 F.3d 580 (6th Cir. 2020). It was impermissible double counting to apply enhancements in §2K2.1 (b)(5) and (b)(6)(B) to a defendant convicted of firearms trafficking, because each enhancement was based on the defendant’s trafficking of firearms. The court applied the §2K2.1(b)(6)(B) enhancement for knowingly trafficking stolen firearms and for selling the firearms to drug traffickers and gang members, as well as the §2K2.1(b)(5) enhancement for firearms trafficking.