United States v. Ansberry, 976 F.3d 1108 (10th Cir. Sept. 23, 2020)

Ansberry attempted to detonate a bomb at a police station. The district court, among other things, imposed a 12-level terrorism enhancement against him finding that Ansberry’s conduct was “calculated to retaliate against government conduct” and specifically refused to find whether the conduct was objectively against government conduct. In reversing, the Tenth Circuit held that, “for a § 3A1.4 terrorism enhancement based on the defendant’s retaliation against government conduct to apply, the conduct retaliated against must objectively be government conduct.”