WASHINGTON — A federal appeals court on Friday overturned part of a defendant’s Jan. 6 sentence that could affect more than a hundred other criminal cases. 2021 Attack on the Capitol.
The ruling by a three-judge panel in Washington reviewed a lower court’s “enhanced” sentence for “substantial obstruction of justice” on the day Congress approved it. Joe Bidenvictory over Donald Trump. The appeals court ruled that the “administration of justice” did not include Congress’ role in the election certification process.
The decision potentially opens the door to resentment from the Jan. 6 defendants who were hit with sentences similar to those of Larry Brocken, who appealed his case to a Washington court. The panel affirmed Brock’s summary judgment.
“We must apply the Instruction as it is written, and Brock’s intervention at one stage of the electoral college vote-counting process — which arguably jeopardizes our democratic processes and temporarily subverts the constitutional work of Congress — does not obstruct the “administration of justice,”” wrote Judge Patricia A. Millett the decision says.
Brock was convicted of six counts, including one count of “corruptly obstructing congressional approval of the election count.” Former President Donald Trump also charged with obstructing official proceedings. He pleaded not guilty.
As of Jan. 6, the enhancement was applied to the cases of more than 100 defendants, said Patricia Hartman, spokeswoman for the DCUS attorney’s office.
More than 1,300 defendants have been indicted in connection with the January 6 riot. About 750 people have pleaded guilty to federal charges, and about 785 have been convicted.
Supreme Court does is appointed to make a decision January 6 on a charge of obstructing the protest of a separate suspect. The high court’s decision will affect other 6 January defendants accused of similar obstruction.