Shabazz

United States v. Shabazz

Good Law
221 F. App'x 529
United States Court of Appeals for the Ninth CircuitFebruary 22, 2007No. 06-30381California483 words

Opinion

Lead Opinion

MEMORANDUM ***

Abdullah Shabazz appeals the thirty-six month sentence imposed by the district court following his guilty plea and conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s imposition of a two-level enhancement under U.S.S.G. § 2K2.1(b)(4) (Nov. 1, 2004) for an “altered or obliterated” serial number, where the serial number was painted over, but the paint was removable by applying acetone. See United States v. Carter, 421 F.3d 909, 911 (9th Cir.2005). Shabazz concedes that the multiple layers of thick, black paint completely obscured the shotgun’s serial number, making it unobservable to the naked eye. Shabazz contends, however, that he painted the shotgun not to render it untraceable, but rather to make it resemble another gun that he was unable to buy.

The district court correctly applied the § 2K2.1(b)(4) (Nov. 1 2004) two-level enhancement in accordance with our past decisions in United States v. Romero-Martinez, 443 F.3d 1185 (9th Cir.2006), and Carter, 421 F.3d 909 , as well as the First Circuit’s decision in…

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