More than 100 people convicted in cases related to the January 6, 2021, Capitol Hill protestors could see shortened sentences following a federal appeals court ruling on Friday.
Circuit Judge Millett ruled that interference with Congress’ certification of the presidential election in 2021 does not apply to an extension of a prison sentence.
The U.S. Court of Appeals for the D.C. Circuit ruled that defendant Larry Brock must be resentenced. Brock was a retired Air Force colonel who was sentenced to two years in federal prison for protesting in a building on J6.
The court raised questions about charges:
[Of] interference with the administration of justice.
The court opinion stated:
Brock challenges both the district court’s interpretation of Section 1512(c)(2)’s elements and the sufficiency of the evidence to support that conviction.
He also challenges the district court’s application of the three-level sentencing enhancement for interfering with the ‘administration of justice.’
Several other parts of Brock’s conviction were upheld as well. However, the appeals court ruled it would:
Vacate Brock’s sentence and ordered the district court to resentence the single ‘interference’ charge.
Millett wrote:
As for Brock’s sentence, we hold that the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes.
The 3-0 decision could force D.C. district judges to reconsider and shorten the sentences other hundreds of other peaceful protesters.
The U.S. Supreme Court is expected to hear the felony obstruction issue in April after it considers arguments on whether Jan. 6 rioters can be charged with obstructing an official proceeding.
The protestors would have otherwise been charged with misdemeanors.
Millett wrote:
Larry Brock participated in the violent January 6th riot at the United States Capitol that forced the evacuation of members of Congress and their staff and prevented Congress’s certification of the 2020 presidential election until the next day.
After a bench trial, the court convicted Brock of six crimes, including corruptly obstructing Congress’s certification of the electoral count under 18 U.S.C. § 1512(c)(2).
At sentencing, the district court applied a three-level sentencing enhancement to Brock’s Section 1512(c)(2) conviction on the ground that Brock’s conduct resulted in ‘substantial interference with the administration of justice.’
