United States v. Damon LaRoche, 700 F.3d 363

LaRoche pleaded guilty to assaulting a federal officer under 18 U.S.C. § 111 and was sentenced to 60 months’ imprisonment.
Special Agent Bennett bit injury occurred July 4, 2011; LaRoche was intoxicated and unconscious when arrested and then bit Bennett multiple times.
PSR recommended a four-level enhancement for use of a dangerous weapon under USSG § 2A2.2(b)(2)(B) based on the bite.
LaRoche objected, contending teeth are not a dangerous weapon under the guidelines.
District court overruled the objection, relying on Moore to treat teeth as a dangerous weapon, and calculated 63–78 months, then varied to 60 months.
On appeal, LaRoche argued the enhancement was misapplied, but the court treated the error as harmless and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the four-level enhancement proper?	LaRoche	LaRoche	Harmless error; affirmed
Was there adequate explanation for the upward variance if the enhancement did not apply?	LaRoche	LaRoche	Record sufficient; judge justified 60-month term

Moore, 846 F.2d 1163 (8th Cir. 1988) (treats teeth as a dangerous weapon under the related statute)
Williams v. United States, 503 U.S. 193 (U.S. 1992) (harmless-error standard for misapplied guidelines)
Sayles, 674 F.3d 1069 (8th Cir. 2012) (procedural-harm standard and explicit articulation of rationale)
Henson, 550 F.3d 739 (8th Cir. 2008) (record adequate for appellate review of sentence)
Icaza, 492 F.3d 967 (8th Cir. 2007) (blanket fairness rationale insufficient to review unless supported)
Bah, 439 F.3d 423 (8th Cir. 2006) (rejects blanket statements in sentencing review)
Rocha, 598 F.3d 1144 (9th Cir. 2010) (consideration of statute-angle where 'dangerous weapon' term is contested)
Sturgis, 48 F.3d 784 (4th Cir. 1995) (consideration of former related weapon provisions)