United States v. Silva

A federal grand jury returned a six-count indictment against defendant-appellant Samuel Silva, charging him with: (1) attempted carjacking; (2) knowingly using and carrying a firearm in furtherance of the attempted carjacking; (3) carjacking; (4) knowingly using and carrying a firearm in furtherance of a carjacking, (5) knowingly possessing a firearm and ammunition; and (6) possessing firearms as a convicted felon. Silva appealed his ultimate convictions, arguing: (1) the district court erred by allowing the prosecution to present evidence of a previous felony conviction to support the charge of his being a felon in possession of a firearm; (2) the evidence was insufficient to convict him of being a felon in possession of a firearm; and (3) The district court plainly erred by admitting testimony from a DNA expert who had made typographical errors in the course of performing her DNA analysis. Finding no reversible error, the Tenth Circuit affirmed Silva’s convictions. View "United States v. Silva" on Justia Law