United States v. Silva, No. 16-3297 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence of 57 months after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that there was no procedural error, finding that the district court's "clearly announced" recognition of his prior arrests were in fact only arrests -- not convictions -- prevailed over a conflicting statement in the written judgment. The court also held that defendant's sentence was substantively reasonable where the district court acted within its broad discretion by concluding that the aggravating factors far outweighed the mitigating factors.
Court Description: Per Curiam - Before Gruender, Murphy and Kelly, Circuit Judges] Criminal case - Sentencing. The district court clearly announced at sentencing that defendant's prior arrests for battery of police officers were only arrests and not convictions, and to the extent there is a conflicting statement in the written judgment, the oral sentence controls, and there was no procedural error concerning consideration of a clearly erroneous fact; sentence was not substantively unreasonable as the court carefully considered the mitigating factors defendant put forward and found the aggravating factors, such as defendant's record and his dangerous conduct at the time of his arrest, outweighed the mitigating factors.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.