U.S. v. Hayes

Dist. Ct. did not err in applying 4-level enhancement under section 2K2.1(b)(4)(B) of USSG in defendant’s sentence on illegal possession of firearm conviction, where defendant’s plea agreement indicated that serial number on defendant’s rifle had been covered in paint-like substance that prevented serial number from being visible until officials used chemical solvent to remove said substance. Section 2K2.1(b)(4)(B) based enhancement on finding that serial number was “altered or obliterated,” and instant covering of serial number qualified as alteration or obliteration of serial number, since serial number had been changed in way that made accurate information about said number to be less accessible. However, defendant was entitled to new sentencing hearing, where Dist. Ct. erred in assessing three criminal history points based on defendant’s prior state-court conviction for aggravated unlawful use of weapon that had subsequently been found to be unconstitutional.