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Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number
Loaded on April 15, 2023
by Richard Resch
published in Criminal Legal News
May, 2023, page 13
Filed under:
Guns - Type of.
Location:
Texas.
by Richard Resch
The U.S. Court of Appeals for the Fifth Circuit joined four of its sister Circuits in holding that U.S. Sentencing Guideline § 2K2.1(b)(4)(B) does not apply in cases where the firearm in question never had a serial number.
A Houston Police Department officer conducted a traffic stop ...
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More from this issue:
- The Business of Dying: Coroners, Medical Examiners, and the Crisis of Death Investigations in the United States, by Benjamin Tschirhart
- Wisconsin Supreme Court: Riding Same Make of Motorcycle as Reported by Police Speeding and Driving Erratically Does Not Constitute Reasonable Suspicion to Initiate Traffic Stop, by Anthony Accurso
- Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number, by Richard Resch
- Police Killings Reach Record High – But Also Lower than Ever Before, by Benjamin Tschirhart
- Computing Fear in Black and Brown Communities, by Michael Thompson
- How Junk Science Helped Kill Tyre Nichols, by Eike Blohm, MD
- Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages, by Matthew Clarke
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, by Mark Wilson
- First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance, by Richard Resch
- Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs, by Richard Resch
- Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception, by Richard Resch
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, by Harold Hempstead
- A Brief History of K-9 Units in Law Enforcement, by Kevin Bliss
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, by Dale Chappell
- New York State’s Veterans Treatment Courts, by Edward Lyon
- Police Violence Ignored When It Fails to Support the Media’s Ideological Bias, by Richard Resch, Benjamin Tschirhart
- Arizona Wants to TRAC Your Financial Transactions, by Michael Thompson
- How Minneapolis Uses Controversial Technology to Spy on Its Citizens, by Michael Thompson
- Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, by Mark Wilson
- California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal, by Douglas Ankney
- The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes, by Trevor Aaronson
- Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, by Mark Wilson
- Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing, by Douglas Ankney
- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, by Douglas Ankney
- Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider, by Richard Resch
- Supervised Release and the Erosion of Due Process Protection, by Benjamin Tschirhart
- Houston Prosecutors Profit Millions From Cash Illegally Seized, by Jacob Barrett
- California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed, by Richard Resch
- Beware of Smart Devices That Infringe on Your Privacy, by Casey Bastian
- News in Brief
- California Court Rejects Geofence Warrant, by Anthony Accurso
More from Richard Resch:
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023
More from these topics:
- SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act, Aug. 1, 2024. U.S. Sentencing Guidelines, Career Offenders, De Facto Career Offender, Guns - Type of.
- Maryland Sheriff Charged with Illegally Procuring Machine Guns from ATF, Sept. 15, 2023. Federal Funds, Guns - Type of, Firearms.
- Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute, Sept. 1, 2023. Gun Laws/Crimes, Guns - Type of, Firearms.
- State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry, Dec. 13, 2022. Warrantless Searches, Warrants - Requirements/Scope/Exceptions, Guns - Type of.
- Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, Dec. 15, 2021. U.S. Sentencing Guidelines, Guns - Type of.
- Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun, Aug. 15, 2021. Guns - Type of.
- ATF: What Is a Gun?, May 15, 2020. Gun Laws/Crimes, Guns - Type of.
- U.S. v. Wiseman, No. 01-2122 (10th Cir.) (297 F.3d 975) (July 18, 2002) (Judge Diana E. Murphy), Aug. 1, 2002. Punch And Jurists, Guns - Type of.
- U.S. v. Eads, No. 98-1331 (10th Cir.) (191 F.3d 1206) (August 18, 1999) (Judge Paul J. Jr. Kelly), Nov. 1, 1999. Punch And Jurists, Guns - Type of.
- U.S. v. Alborola-Rodriguez, No. 96-5533 (11th Cir.) (153 F.3d 1269) (September 4, 1998) (Judge Joel F. Dubina), Oct. 1, 1998. Punch And Jurists, Guns - Type of.
