US Appeals Court Overturns Jan. 6 Capitol Rioter Sentence, 100 US rioters May Be Resentenced

What the Court Decided?

The three-judge panel overturned a trial judge's decision to apply a longer sentence range to Larry R. Brock Jr., a retired Air Force lieutenant colonel from Texas. The panel found that Brock's storming of the U.S. Capitol did not constitute "substantial interference with the administration of justice." This has opened the door for the resentencing of Brock and, potentially, many other convicted rioters.

What Led to the Resentencing Order?

Larry Brock was initially sentenced to two years in prison for his role in the riot. The trial judge applied a sentencing enhancement, arguing that Brock's actions amounted to a "substantial interference with the administration of justice." However, the appeals court ruled that this enhancement had been improperly applied, emphasizing that it did not equate to interference with the legislative process of certifying electoral votes.

What the Decision Means for Other Rioters?

While the ruling may not immediately benefit other Jan. 6 defendants, it raises questions about the potential for resentencing. Sentencing enhancements typically affect the guidelines judges consider, potentially elevating them to a higher range. However, many Jan. 6 defendants have already received relatively lenient sentences below these guideline ranges.

Simultaneously, the decision precedes a Supreme Court case that could have broader implications. The justices will consider the scope of the charge of corruptly obstructing an official proceeding, a central charge in cases against rioters and the federal indictment against former President Donald J. Trump. The outcome could effectively invalidate convictions and disrupt ongoing cases against rioters charged with felony obstruction.

Despite overturning the sentencing enhancement, the appeals court affirmed Brock's felony conviction for obstructing Congress's certification of the electoral count. The court emphasized that Brock had acted deliberately, announcing his intent to use violence to obstruct a congressional proceeding.

The decision's impact extends beyond Brock, as over 100 individuals convicted in connection with the Jan. 6 attack may seek resentencing. The appeals court's ruling challenges the sentencing enhancement that has shaped the punishments for these individuals, and they could now request a review of their cases.

Click Here To Read/Download Order