Silva

*893 MEMORANDUM ***

Albert Silva appeals his jury conviction for knowingly and willfully making false statements to a special agent in violation of 18 U.S.C. § 1001 (a)(2). He contends that the trial court erred in denying his motion for judgment of acquittal pursuant to Fed. R.Crim.P. 29 because there was insufficient evidence of materiality. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

On May 8, 2002, a special agent from the Office of the Inspector General (“OIG”) (a division of the Department of Justice) conducted an administrative interview of Silva, a former corrections officer with the United States Bureau of Prisons. During the interview, Silva was advised that allegations of improper contact and introduction of soft contraband (in the form of cosmetics, perfume and food) had been made against him. He was also informed that the purpose of the administrative interview was to determine whether administrative disciplinary action was warranted. Silva specifically denied all of the allegations against him, and provided a written, sworn affidavit confirming those denials.

A jury trial was held and at the close of the government’s evidence, Silva made a…