United States v. Silva, No. 19-1298 (10th Cir. 2020)Annotate this Case
Defendant Donovan Silva contended the district court erred in arriving at his sentence for possessing a firearm as a previously convicted felon under the Sentencing Guidelines by concluding a prior assault conviction was a crime of violence. He argued the assault conviction was too old to have independently received criminal-history points under USSG sections 4A1.1 and 4A1.2 n.3(a). To this, the Tenth Circuit agreed: the Guidelines did not permit a section 2K2.1(a)(4)(A) enhancement. The error met all four prongs of the plain-error analysis. Therefore, the Court reversed sentence and remanded for resentencing.