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U.S. v. SILVA

No. 19-1298.

981 F.3d 794 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Donovan Patrick Lee SILVA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED November 24, 2020.

Attorney(s) appearing for the Case

John C. Arceci , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

J. Bishop Grewell , Assistant United States Attorney ( Jason R. Dunn , United States Attorney, with him on the brief), Office of the United States Attorney, Denver, Colorado, for Plaintiff-Appellee.

Before HARTZ, MATHESON, and CARSON, Circuit Judges.

Defendant Donovan Patrick Lee Silva contends that the district court plainly erred when it enhanced his base offense level under the Sentencing Guidelines by counting his prior assault conviction as a crime of violence under USSG § 2K2.1(a)(4)(A). He argues that this conviction was too old to have independently received...

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