Appeals Court Sides With Jan 6 Protester

Over 100 individuals involved in the January 6 riot received a sentence enhancement during their federal court sentencing. Among them was Larry R. Brock Jr., a retired Air Force Lieutenant Colonel. He recently succeeded in an appeal that might have repercussions for other similar cases.

March 1 saw three judges appointed by the Democratic Party on the US Court of Appeals for the DC Circuit overturning a lower court’s decision regarding Brock’s sentencing. They found fault with the lower court judge’s ruling that Brock should face a more severe penalty due to “substantial interference with the administration of justice,” stating that this charge does not apply to offenses committed at the Capitol.

Brock received a two-year prison term for a felony charge of obstructing an official proceeding and several misdemeanor offenses. While the judges did not reverse his conviction, Brock will remain incarcerated in Missouri, with an anticipated release scheduled for December.

The court’s ruling has the potential to affect over 100 additional cases. Defendants who haven’t completed their sentences may request resentencing from the courts. However, as noted by The Washington Post, this doesn’t guarantee lighter penalties. For instance, James Little, a rioter, successfully appealed his sentence overturning, but Judge Royce C. Lamberth subsequently increased his prison time by 60 days during resentencing.

Lamberth strongly criticized Little for showing no remorse and labeled him as a “threat to our nation.” Despite Little having already served his initial 60-day sentence and approximately half of his probation, the judge imposed an additional 60 days. Little is currently appealing this sentence.

Scheduled for April 16, the Supreme Court will conduct oral arguments concerning another January 6 case. The issue at hand is whether the charge of “obstruction of an official proceeding” encompasses efforts to prevent the certification of an election. Should the Supreme Court rule in favor of the rioters, it could have ramifications for over 300 cases.