A Glock with a machinegun switch had its serial number stamped in three places. Two were scratched off. The Fourth Circuit says that is not enough for a four-level sentencing enhancement, as long as the gun can still be traced.
In United States v. Smith (4th Cir. 2026), the court affirmed a machinegun conviction under 18 U.S.C. § 922(o) and rejected a Second Amendment challenge. It then vacated the 57-month sentence, holding that the serial number enhancement under U.S.S.G. § 2K2.1(b)(4)(B)(i) applies only when a firearm is actually untraceable. That puts the Fourth Circuit directly at odds with the Third Circuit, which ruled the opposite way weeks earlier in United States v. Craddock.
Read the opinion: https://law.justia.com/cases/federal/appellate-courts/ca4/25-4065/25-4065-2026-08-25.html
Case: United States v. Smith, No. 25-4065 (4th Cir. Aug. 25, 2026)
This video is for educational purposes only and is not legal advice.
Filed under: Federal Sentencing · Guns & 2nd Amendment · Federal Crimes
Anton Vialtsin, Esq., E.I. is a San Diego criminal defense attorney and CJA Panel member in the Southern and Central Districts of California. New case breakdowns every Wednesday on YouTube.