In a significant ruling, the U.S. Court of Appeals for the D.C. Circuit upheld the conviction of Oscar Ortega-Hernandez, who fired multiple shots at the White House in 2011. The court's decision, delivered on September 1, 2026, confirms that Ortega-Hernandez's actions constituted a crime of violence under federal law. This ruling has implications for future cases involving similar offenses.
Ortega-Hernandez, who pleaded guilty to injuring a dwelling and using a firearm during a crime of violence, argued that his conviction should be vacated. The court's decision affects not only Ortega-Hernandez but also sets a precedent for how similar cases may be handled in the future.
Background
Oscar Ortega-Hernandez, a resident of Great Falls, Idaho, became convinced in 2011 that then-President Obama was a “devil and the anti-Christ.” This delusion led him to plan an attack against the President. He purchased an AK-47-style assault rifle and over 1,200 rounds of ammunition, practicing for several months before executing his plan.
On November 11, 2011, Ortega-Hernandez drove over 2,000 miles to Washington, D.C., where he stopped near the White House and fired at least eight shots from his car window. Although no one was injured, the bullets struck the Truman Balcony and came dangerously close to Secret Service officers. Ortega-Hernandez was arrested days later in Pennsylvania after a multi-state manhunt.
A federal grand jury indicted him on 19 counts, including attempting to assassinate the President. In September 2013, Ortega-Hernandez pleaded guilty to two counts: injuring a dwelling under 18 U.S.C. § 1363 and using a firearm during a crime of violence under 18 U.S.C. § 924(c). He was sentenced to 25 years in prison. His appeal raised questions about whether his conviction for injuring a dwelling qualified as a crime of violence.
The Ruling
The D.C. Circuit Court, led by Chief Judge Sri Srinivasan, ruled against Ortega-Hernandez's appeal. The court stated, “One cannot willfully and maliciously injure another person’s dwelling without using physical force against that property.” This affirmation of the lower court’s decision confirms that Ortega-Hernandez's conviction under § 1363 constitutes a crime of violence under § 924(c).
The court explained that to determine whether Ortega-Hernandez's actions fell under the definition of a crime of violence, it examined the least culpable conduct involved in his conviction. The court found that willfully and maliciously injuring a dwelling inherently involves the use of physical force, thus satisfying the requirements of § 924(c).
In its decision, the court also addressed procedural issues raised by Ortega-Hernandez regarding the validity of his conviction. The court concluded that he had not adequately demonstrated that his claims were procedurally barred, allowing the appeal to proceed.
Impact
This ruling has significant implications for future cases involving similar charges. By affirming that injuring a dwelling can constitute a crime of violence, the court sets a precedent that could impact how courts interpret and apply federal laws regarding violent crimes.
The decision reinforces the legal understanding that actions resulting in damage to property, especially in high-profile cases like this one, can lead to severe legal consequences. It also clarifies the standards for what constitutes a crime of violence under federal law, potentially influencing future defendants' strategies in similar cases.
What’s Next
Ortega-Hernandez's legal options appear limited following the D.C. Circuit's ruling. While he could potentially seek further appeal, the court's decision provides a strong legal foundation for maintaining his conviction. Details were not available in the court filing regarding any related cases pending.











