US v. Donovan, No. 23-1328 (1st Cir. 2024)

In United States v. Donovan, No. 23-1328 (1st Cir. 2024), Corey Donovan appealed his conviction for being a felon in possession of a firearm after federal agents discovered a shotgun, ammunition, and modified oil filters—suspected to be homemade silencers—on his property. The key issues on appeal revolved around the invocation of the Fifth Amendment by his girlfriend Kelley Finnigan, the district court’s decision to allow evidence of Donovan’s prior arrests and weapons possession, and the application of a sentencing enhancement based on the modified oil filters.

1. Finnigan’s Fifth Amendment Invocation: Donovan argued that the district court erred in allowing Finnigan to invoke a blanket Fifth Amendment privilege without granting her immunity. The appellate court upheld the district court’s ruling, concluding that Finnigan’s testimony could reasonably incriminate her, and therefore, she was within her rights to invoke the Fifth Amendment.
2. Limiting Instructions: During the trial, evidence of Donovan’s prior arrests and possession of non-firearm weapons was introduced. While the district court offered to provide limiting instructions to guide the jury’s use of this evidence, Donovan did not request any such instructions or object to their omission. The First Circuit found that by failing to object, Donovan waived his right to challenge the lack of limiting instructions.
3. Sentencing Enhancement: Donovan also contested the sentencing enhancement applied for the modified oil filters. The district court had classified the filters as homemade silencers under 18 U.S.C. § 921(a)(25), which contributed to a higher sentence. The appellate court affirmed the district court’s application of the enhancement, concluding that the evidence supported the classification of the filters as silencers.

Ultimately, the First Circuit affirmed Donovan’s conviction and sentence, rejecting all grounds for his appeal.