Bureau of Alcohol, Tobacco, Firearms and Explosives

MINNEAPOLIS – A Minneapolis man has been sentenced to 72 months in prison, followed by three years of supervised release, for possession with intent to distribute fentanyl and possession of a machine gun, announced United States Attorney Andrew M. Luger.

According to court documents, on June 23, 2021, law enforcement was looking for Brian Silva, 21, who had multiple active state warrants for his arrest. Police officers were able to track Silva to a hotel in Bloomington, Minnesota. Officers conducted surveillance of Silva’s vehicle in the parking lot and placed spokes behind Silva’s car in case he tried to flee. Silva eventually got into his car, backed up, punctured his tires, and then fled on foot through the parking lot. During the foot chase, Silva discarded a satchel before surrendering to police. Inside of the satchel, officers found 331 counterfeit prescription pills that contained fentanyl, an unloaded 9mm Glock handgun with an auto sear attached (commonly referred to as a "switch,” enabling the firearm to fire as an automatic machinegun), a 30-round magazine loaded with 9mm ammunition, and approximately $4,800 cash. In July 2021, federal agents arrested Silva in Arizona following a drug transaction and found Silva in possession of over 327 grams of fentanyl pills, and over $1,550 in cash.

Silva was sentenced today by U.S. District Senior Judge Susan Richard Nelson. On June 15, 2022, Silva pleaded guilty to one count of possessing a machinegun and one count of intent to distribute fentanyl.

This case was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, the Minneapolis Police Department, and the Bloomington Police Department.

Assistant U.S. Attorneys Justin Wesley and Benjamin Bejar prosecuted the case.