US v. Smith: Smith and an associate were detained as part of a robbery investigation. In the car they were in, officers found four firearms, one of which was a Glock fitted with a “switch,” effectively turning it into a machinegun. In addition, of the three serial numbers on the Glock, two were modified past the point of readability, although one was perfectly legible. After losing a Bruen-based motion to dismiss, Smith pleaded guilty to possession of a machinegun. At sentencing, his advisory Guideline range was enhanced four levels because of the defaced serial numbers. He was sentenced to 57 months in prison, the bottom of the resulting Guideline range.
On appeal, the Fourth Circuit affirmed the denial of Smith’s motion to dismiss, but vacated his sentence. As to the Second Amendment challenge, the court concluded that under Price a machinegun is not “in common use for a lawful purpose” and thus not covered by the Second Amendment. As to Smith’s sentence, the court had to determine whether the language of the Guideline required it to apply if any serial number had been obliterated, even if others were still legible, or if all such serial numbers had to be obliterated for the enhancement to apply. The court concluded that both the plain language and the purpose of the enhancement led it to adopt the second formulation. If any serial number on the firearm is legible and it remains traceable, the enhancement does not apply.
Congrats to the Defender office in EDVA on the win!
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