Appeals Court Sides With Jan 6 Protester

( – More than 100 January 6 rioters were given a sentence enhancement when they were sentenced in federal court. Retired Air Force Lt. Col. Larry R. Brock Jr., was one of them. He recently won an appeal that could impact the other cases.

On March 1, three Democratic appointees on the US Court of Appeals for the DC Circuit ruled a lower court judge made a mistake when deciding Brock should face a harsher penalty for “substantial interference with the administration of justice.” The appeals court judges determined the charge doesn’t apply to crimes committed at the Capitol.

Brock was sentenced to two years in prison on a felony charge of obstructing an official proceeding and multiple misdemeanor offenses. The judges did not overturn his conviction, so he will continue serving his sentence in Missouri. He is expected to be released from prison in December.

The decision by the court could impact more than 100 other cases. The defendants who have not served their sentences yet could ask the courts to re-sentence them. However, The Washington Post pointed out that doesn’t necessarily mean they will receive lighter sentences. Rioter James Little argued to overturn his sentence and won. Judge Royce C. Lamberth then resentenced the 53-year-old North Carolina resident and gave him 60 more days behind bars.

Lamberth slammed Little for his lack of remorse and called him a “danger to our country.” Little had already served his original sentence of 60 days and about half of his probation when the judge gave him another 60 days. He’s appealing the sentence.

On April 16, the Supreme Court will hear oral arguments about another January 6 case. They will decide whether the “obstruction of an official proceeding” charge includes attempting to stop an election from being certified. If the SCOTUS ruling favors the rioters, it could impact more than 300 cases.

Copyright 2024,