United States v. Denney, No. 22-3084 (D.C. Cir. 2024)
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The case involves Lucas Denney, a former U.S. Army specialist and president of a Texas-based militia, who was arrested and indicted for assaulting a federal officer with a dangerous weapon during the January 6, 2021, riot at the U.S. Capitol. Denney pleaded guilty and was sentenced to fifty-two months in prison. The district court applied a two-level enhancement for "more than minimal planning" and a four-level enhancement for use of "a dangerous weapon" under the United States Sentencing Guidelines.
Prior to the appeal, Denney had been found guilty in the United States District Court for the District of Columbia. He challenged the application of the two enhancements in his sentence, arguing that his planning was for a political protest, not an assault, and that he did not intend to cause bodily harm with the weapon.
The United States Court of Appeals for the District of Columbia Circuit affirmed the district court's decision. The court found ample evidence supporting the district court's conclusion that Denney had engaged in more than minimal planning for violent altercations with law enforcement officers. The court also found that Denney had admitted in open court to intentionally and forcibly hitting an officer with a PVC pipe, which was considered a dangerous weapon. The court concluded that the enhancements were correctly applied, and Denney's sentence was upheld.
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