DOJ and probation warn of evidentiary burden if USSC makes obliterated‑serial‑number amendment retroactive; defenders, tribal advisers say manageable

The commission held a panel on a guideline change that establishes an ‘‘unaided‑eye’’ test for determining whether an altered or obliterated firearm serial number is legible for purposes of a four‑level enhancement.

Paige Messick, appellate chief for the U.S. Attorney’s Office for the District of New Mexico, told the commission the Department of Justice opposes retroactive application. Messick said records and PSRs often lack the detail needed to determine whether a serial number was legible and that applying the new test to historic records “would mire the courts on hard questions and in potentially unresolvable factual disputes.” She said her office reviewed a…