Appeals court ruling means over 100 Jan. 6 rioters may be resentenced

Source: Washington Post

NATIONAL SECURITY
Appeals court ruling means over 100 Jan. 6 rioters may be resentenced

By Rachel Weiner and Spencer S. Hsu
Updated March 1, 2024 at 12:40 p.m. EST | Published March 1, 2024 at 11:22 a.m. EST

A federal appeals court on Friday overturned a sentencing enhancement used against Jan. 6 defendants charged with felony obstruction, a decision that means that over 100 convicted rioters may have to be resentenced.

The decision came from the U.S. Court of Appeals for the D.C. Circuit on Friday when it upheld the felony conviction of a Jan. 6 defendant who stormed the U.S. Capitol, reaffirming a charge also lodged against former president Donald Trump that will soon be debated by the Supreme Court.

It’s not clear what benefit retired Air Force lieutenant colonel Larry R. Brock Jr. or any other Jan. 6 defendant will receive because of the ruling. Enhancements raise the range of suggested sentences judges must consider. D.C. judges usually sentence below those guidelines, and regularly make clear that their punishments would be the same without the enhancement.

The ruling could have an impact in plea negotiations, eliminating one bargaining chip used by prosecutors when encouraging defendants to plead guilty without a trial.

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By Rachel Weiner
Rachel Weiner covers federal courts in Washington, D.C. and Richmond, Va. Twitter https://twitter.com/rachelweinerwp

By Spencer Hsu
Spencer S. Hsu is an investigative reporter, two-time Pulitzer finalist and national Emmy Award nominee. Hsu has covered homeland security, immigration, Virginia politics and Congress. Twitter https://twitter.com/hsu_spencer

Read more: https://www.washingtonpost.com/dc-md-va/2024/03/01/appeal-obstruction-trump-january-sixth/