More than a hundred people convicted on charges related to Jan. 6 could have their sentences changed after the U.S. Court of Appeals for the D.C. Circuit tossed a portion of retired Air Force Lt. Col. Larry R. Brock Jr.’s sentence. Brock appealed his felony conviction of obstructing the work of Congress.
While the panel of three Democratic appointees upheld the conviction, they ruled Brock should not have faced a stiffer sentence related to the obstruction charge.
“Brock’s interference with one stage of the electoral college vote-counting process — while no doubt endangering our democratic processes and temporarily derailing Congress’s constitutional work — did not interfere with the ‘administration of justice,’” the ruling stated.
According to Edward Ungvarsky, a defense attorney involved in several Jan. 6 cases, more than a hundred other Jan. 6 convicts had their sentences shaped by this “sentencing enhancement,” which increases the amount of prison time that a judge can hand down. The attorney said those Jan. 6 prisoners with the same charge can now ask to be resentenced.
While the appeals court’s ruling could change the sentences of more than a hundred defendants, another appeal that the U.S. Supreme Court will consider on April 16 could change more than 1,300 cases for Jan. 6 detainees.
The high court will decide whether the crime of obstructing an official proceeding includes blocking Congress from certifying the 2020 election results. It is the same charge Brock challenged that resulted in the appeals court potentially changing how other defendants are sentenced.
The appeals court ruling could impact prior cases and future ones as the Justice Department continues to make high-profile arrests of people who were inside the Capitol on Jan. 6.
Approximately 785 people have already been sentenced and around 750 have pleaded guilty to federal charges. This ruling could impact future plea deals, as the sentencing enhancement is no longer added to a defendant’s potential prison term.
