United States v. Denson, No. 12-3433 (6th Cir. 2013)
Annotate this CaseDenson was indicted for being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). One month later, he was detained for allegedly supplying a shotgun to an informant who planned a robbery. Denson pled guilty to the felon-in-possession charge and a probation officer prepared a presentence report that identified two state felony convictions that increased the base-offense level, U.S.S.G. 2K2.1(a)(2), 4B1.1, 4B1.2. Denson objected to inclusion of an Ohio conviction for inciting to violence as a predicate crime of violence. The district court reasoned that the Ohio incitement statute meets the career-offender guideline’s requirement of “use, attempted use, or threatened use of physical force against the person of another.” The court also rejected Denson’s argument that his sentencing range should be reduced because he accepted responsibility, stating that it was “hard to imagine something” that could negate acceptance of responsibility more than another firearm offense involving the sale of a shotgun to a would-be felon. The district court imposed a sentence of 72 months. The Sixth Circuit affirmed. The facts of the Ohio conviction necessarily establish that the species of incitement to which he pled guilty isa crime of violence. The district court properly declined to apply an acceptance-of-responsibility adjustment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.