This particular pistol was missing the serial number on the frame entirely and the serial numbers on the slide and barrel had been ground off.īecause of the timing of the proceedings, the procedural posture is somewhat unusual.
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 to the frame of the weapon. The officers found a loaded 9mm model 19 Glock semi-automatic pistol near the restroom wastebasket. Romero-Martinez then exited the restroom and surrendered to the officers. He retrieved a black pistol from his waistband and discarded it. Romero-Martinez did not comply and instead walked into one of the stalls. 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. On May 8, 2004, Salinas Police Department officers responded to a reported “brandishing of a weapon” at a restaurant and bar. The facts of this case are relatively simple. 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. Romero-Martinez appeals from his sentence of fifty-four months imprisonment and three years supervised release. Merry Jean Chan, Assistant United States Attorney, Oakland, CA, for the plaintiff-appellee. Ruiz, Federal Public Defenders, San Jose, CA, for defendant-appellant Ramon Romero-Martinez. Decided: April 25, 2006īefore: WALLACE, HAWKINS, and THOMAS, Circuit Judges.Īmanda K. Ramon ROMERO-MARTINEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v.
United States Court of Appeals,Ninth Circuit.
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