UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 96-4148

MARK ANTHONY WALTERS,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of North Carolina, at Winston-Salem.

James A. Beaty, Jr., District Judge.

(CR-95-193)

Submitted: October 20, 1997

Decided: October 31, 1997

Before MURNAGHAN and ERVIN, Circuit Judges, and

PHILLIPS, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

William E. Martin, Federal Public Defender, Eric D. Placke, Assistant

Federal Public Defender, Greensboro, North Carolina, for Appellant.

Walter C. Holton, Jr., United States Attorney, Clifton T. Barrett,

Assistant United States Attorney, Greensboro, North Carolina, for

Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Mark Walters appeals from his convictions of thirteen firearms

offenses for which he was sentenced to a total of 96 months imprisonment. Walters claims that the district court erred in admitting evidence of firearms transactions other than those charged in the

indictment and that he was improperly given an adjustment for

obstruction of justice, see U.S. Sentencing Guidelines Manual

§ 3C1.1 (1995). We affirm.

The Bureau of Alcohol, Tobacco and Firearms began an investigation in the fall of 1994 at the request of the police department in

Winston-Salem, North Carolina, after a large number of semiautomatic handguns were recovered with obliterated serial numbers.

Laboratory testing of three such firearms revealed that each had been

purchased from RSR Wholesale by Walters, who was a federallylicensed firearms dealer. The same tests were conducted on two additional sets of firearms (one set of seven and one set of five) and again

revealed that they had been purchased by Walters from RSR Wholesale. Records from RSR Wholesale established that, between June 6,

1994, and March 13, 1995, Walters, doing business as "Marksman,"

purchased 291 semi-automatic handguns from RSR Wholesale.

Walters was indicted on thirteen counts of federal firearms violations. Walters pleaded guilty to Count One, which charged him with

violating 18 U.S.C. §§ 922(m), 924(a)(3) (1994), for failing to maintain records of receipts, sales, and dispositions of 291 listed firearms,

and not guilty on the remaining twelve counts. The indictment also

charged Walters with possession of a firearm with an obliterated

serial number, in violation of 18 U.S.C. §§ 922(k), 924(a)(1)(B)

(1994) (Counts Two, Three, Four, and Five); sale of a firearm to a

person under age twenty-one, in violation of 18 U.S.C. §§ 922(b)(1),

924(a)(1)(D) (1994) (Count Six); sale of a firearm to an individual in

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violation of state law, in violation of 18 U.S.C. §§ 922(b)(2),

924(a)(1)(D) (1994) (Counts Seven and Eight); failure to record a sale

of a firearm in violation of 18 U.S.C. §§ 922(b)(5), 924(a)(1)(D)

(1994). Counts Nine, Ten and Eleven charged Walters with selling a

Lorcin .380 semi-automatic pistol and failing to (1) obtain the buyer's

name, age, and place of residence (18 U.S.C. §§ 922(b)(5),

924(a)(1)(D) (Count Nine); (2) obtain a Firearms Transactions Record

(Form 4473) (18 U.S.C. §§ 922(m), 924(a)(3) (1994) (Count Ten);

and (3) obtain from the buyer a statement as required by 18 U.S.C.

§ 922(s) (1994) (Count Eleven). Count Twelve charged Walters with

selling a Jennings 9 mm semi-automatic handgun without receiving

from the buyer a statement as required by 18 U.S.C.§ 922(s). Finally,

in Count Thirteen, Walters was charged with violating § 922(s) in

connection with the sale of another Lorcin .380 semi-automatic pistol.

All of these counts related to the sale of firearms to four individuals.1

At Walters' trial, the government introduced evidence of thirteen

other guns sold by Walters where the serial number had been obliterated. All thirteen were listed in Count One of the indictment.

Walters first claims that this was evidence of "other crimes" which

was inadmissible under Fed. R. Evid. 404(b).2 This court reviews the

district court's evidentiary rulings for abuse of discretion. See United

States v. Clark, 986 F.2d 65, 68 (4th Cir. 1993). "Evidence of

uncharged conduct is not considered `other crimes' evidence if it

arose out of the same . . . series of transactions as the charged offense,

. . . or if it is necessary to complete the story of the crime [on] trial."

United States v. Kennedy, 32 F.3d 876, 885 (4th Cir. 1994). See also

United States v. Mark, 943 F.2d 444, 448 (4th Cir. 1991) (evidence

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1 Counts Two, Seven, Nine, Ten, and Eleven arose out of the sale of

a handgun to Kenneth Bernard Cook. Counts Three and Twelve relate to

the sale of several firearms to Alvin Lamont Boston. Counts Five, Eight,

and Thirteen relate to the sale of a firearm to Theodore Frazier. Counts

Four and Six relate to the sale of a firearm to Andre Damorris Kennedy.

2 Rule 404(b) states:

Evidence of other crimes, wrongs, or acts is not admissible to

prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation,

plan, knowledge, identity, or absence of mistake or accident.

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of uncharged criminal conduct is admissible where it furnishes "part

of the context of the crime."). Rule 404(b) is one of inclusion, rather

than exclusion, permitting introduction of all evidence except that

which proves only criminal disposition. Id. We find the evidence concerning the firearms other than those listed in the indictment was

admissible under Rule 404(b) because the evidence arose out of the

same series of events as the charged offenses and was necessary to

"complete the story" at Walters' trial. Therefore, the district court did

not abuse its discretion in admitting the evidence.

Next, Walters claims that the enhancement he received for obstruction of justice was factually unsupported. The guidelines provide for

a two-level enhancement for obstruction of justice where "the defendant willfully obstructed or impeded, or attempted to obstruct or

impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense." USSG § 3C1.1. The

enhancement is intended to apply to defendants "who engage in conduct calculated to mislead or deceive authorities or those involved in

a judicial proceeding . . . and applies to a wide range of conduct."

United States v. Ashers, 968 F.2d 411, 413 (4th Cir. 1992).

The district court properly determined that Walters obstructed justice based on his false statements to police that his wife had thrown

twelve firearms into a local lake and by claiming to have thrown the

remainder into a landfill. Based on Walters' statements, WinstonSalem police devoted a significant number of man hours to searching

the lake where Walters claimed to have thrown the weapons. See

USSG § 3C1.1, comment. n.3(g) (conduct to which enhancement

applies includes "providing a materially false statement to a law

enforcement officer that significantly obstructed or impeded the official investigation or prosecution of the instant offense.").

Accordingly, we affirm Walters' conviction and sentence. We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

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