Herring

SUPPLEMENTAL MEMORANDUM **

We previously affirmed Herring’s conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). See United States v. Herring, 133 Fed.Appx. 385 (9th Cir.2005). We now address his challenges to his sentence. We affirm in part and remand in part. We review both the interpretation and the constitutionality of a Sentencing Guideline de novo. United States v. Leasure, 319 F.3d 1092, 1096 (9th Cir.2003).

Herring’s sentence was enhanced pursuant to U.S.S.G. § 2K2.1(b)(4), which provides that “[i]f any firearm was stolen, or had an altered or obliterated serial number, increase by 2 levels.” Since Herring does not dispute that the gun was in fact stolen, the enhancement by its terms applies whether or not he knew that fact. See U.S.S.G. § 2K2.1 cmt. n. 16 (“The enhancement under subsection (b)(4) for a stolen firearm or a firearm with an altered or obliterated serial number applies whether or not the defendant knew or had reason to believe that the firearm was stolen or had an altered or obliterated serial number.”).

Nonetheless, Herring raises several challenges to the district court’s application of the stolen gun…