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Press Release

Fremont Felon Pleads Guilty to Possession of Loaded Firearm

For Immediate Release
U.S. Attorney's Office, Northern District of California

OAKLAND – Kristopher Allan Sylvester pleaded guilty in federal court in Oakland today to being a felon in possession of a loaded handgun in a criminal complaint and affidavit unsealed today, announced United States Attorney David L. Anderson.

In pleading guilty, Sylvester admitted that at the time of his arrest in Fremont on April 2, 2020, in connection with an investigation of a commercial burglary committed on March 26, 2020, at a rental car location also in Fremont, he knowingly possessed a Ruger .380 caliber handgun and eight rounds of .380 caliber ammunition and magazine. Sylvester further admitted that at the time of his arrest on April 16, 2020, in Santa Clara County, he was in possession of a Ford Mustang reported stolen from a rental car location in San Jose, and he knowingly possessed a Smith & Wesson SD9VE 9mm silver handgun and eleven rounds of 9mm Winchester ammunition.  Sylvester further admitted that at the time of his arrest in San Leandro on May 15, 2020, on the federal arrest warrant stemming from his April 2, 2020, arrest, he knowingly possessed a Bishop Defense 9mm black handgun and fourteen rounds of 9mm Luger ammunition and a magazine. Sylvester also admitted that the Ruger and Smith & Wesson handguns and ammunition seized in the three arrests were manufactured outside California. Finally, Sylvester admitted that at the time of his arrest on April 2, 2020, he knew that he had previously been convicted of multiple prior felonies.

Sylvester, 35, of Fremont, was charged by Information on June 22, 2020.  He was charged with one count of Felon in Possession of Firearm and Ammunition, in violation of 18 U.S.C. § 922(g)(1).  He pled guilty to the sole count of the Information.

Sylvester is currently being held at Santa Rita Jail.

Sylvester’s sentencing hearing is scheduled for December 8, 2020, at 9:00 a.m. before the Honorable Jeffrey S. White, U.S. District Court Judge, in Oakland.  The maximum statutory penalties applicable to Sylvester’s guilty plea are ten years’ imprisonment, followed by a term of three years of supervised release, a fine of $250,000, a mandatory special assessment of $100, and forfeiture.  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Kathleen Turner.  The prosecution is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fremont Police Department, the San Jose Police Department, and the Santa Clara Police Department.

Updated September 16, 2020