United States v. Brown, No. 23‑3074 (D.C. Cir. 2025)

What happened on Jan. 6 involving the defendants?

Brown, Maly, and Schwartz assaulted police on the Lower West Terrace and in the Tunnel using pepper spray, and Schwartz also threw a chair.

Why were the defendants charged?

They used pepper spray and physical force against officers while unlawfully entering restricted Capitol grounds.

What did the jury decide at trial?

All three defendants were convicted on all counts.

What sentences did they receive?

Schwartz: 170 months; Maly: 72 months; Brown: 54 months.

What did the D.C. Circuit decide for Brown?

His convictions and 54‑month sentence were affirmed.

What did the D.C. Circuit decide for Maly?

All convictions were affirmed

What did the D.C. Circuit decide for Schwartz?

His §1512(c)(2) obstruction conviction was vacated and his case was remanded for resentencing.

Why was Schwartz's §1512(c)(2) conviction vacated?

Because of the Supreme Court's decision in Fischer (2024), which narrowed the statute.

What major constitutional issue did Schwartz raise?

He argued that forcing him to unlock his phone with his thumbprint violated the Fifth Amendment.

What did the court hold about the phone unlock?

Compelling Schwartz to unlock his phone was testimonial and violated the Fifth Amendment.

What happens because of the Fifth Amendment violation?

The case is remanded to determine whether evidence from the phone must be suppressed and whether any convictions must be vacated.

Was pepper spray considered a deadly or dangerous weapon?

Yes — the court held pepper spray can cause extreme pain and serious injury when used at close range.

Was the thrown chair considered a dangerous weapon?

Yes — Schwartz's thrown chair struck an officer in the head and posed a risk of serious injury.

Did Maly get a special unanimity instruction?

No — the court held §111 lists alternative means, not separate elements.

Did Schwartz succeed on his severance argument?

No — he failed to show prejudice from being tried with the others.

Was Brown's sentence unreasonable?

No — the court found the 54‑month sentence reasonable and below‑Guidelines.

What did Schwartz admit in a text message?

"I threw the first chair at the cops after they maced us.

What charges did all three defendants face?

Multiple assault counts, civil disorder, restricted‑grounds offenses, and physical violence charges.

What did Schwartz argue about his cellphone?

That forcing him to unlock it with his thumbprint violated the Fifth Amendment.

What did the district court rule about the phone unlock?

It was compelled but not testimonial.