United States v. Silva, No. 17-2030 (10th Cir. 2018)Annotate this Case
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.