United States v. Ramon Romero-Martinez

Romero-Martinez appeals from his sentence of fifty-four months imprisonment and three years supervised release. He challenges the imposition of a two-level sentencing enhancement under section 2K2.1(b)(4) of the United States Sentencing Guidelines (Guidelines) for possessing a firearm which “had an altered or obliterated serial number.... ” We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

I.

The facts of this case are relatively simple. On May 8, 2004, Salinas Police Department officers responded to a reported “brandishing of a weapon” at a restaurant and bar. One of the officers saw Romero-Martinez in the men’s restroom and ordered him to stop moving and place his hands in the air. Romero-Martinez did not comply and instead walked into one of the stalls. He retrieved a black pistol from his waistband and discarded it. Romero-Martinez then exited the restroom and surrendered to the officers.

The officers found a loaded 9mm model 19 Gloek semi-automatic pistol near the restroom wastebasket. Ordinarily, such weapons have three serial numbers: one engraved on the slide, one on the barrel, and a final number cast as a metal plate affixed…