Appeals court rules some Jan. 6 Capitol riot defendants improperly sentenced over ‘interference’ – IOTW Report

Appeals court rules some Jan. 6 Capitol riot defendants improperly sentenced over ‘interference’

FOX

A federal appeals court in Washington, D.C., has ruled that some criminal defendants who were charged in connection with the Capitol riot on January 6, 2021, had their sentences improperly increased.

The U.S. Court of Appeals for the D.C. Circuit ruled Friday that defendant Larry Brock’s sentence improperly included charges of “interference with the administration of justice.” According to Circuit Judge Millett, who wrote the court’s opinion, interference with Congress’ certification of the electoral votes in the 2020 presidential election does not apply to a sentence enhancement.

“Brock challenges both the district court’s interpretation of Section 1512(c)(2)’s elements and the sufficiency of the evidence to support that conviction. He also challenges the district court’s application of the three-level sentencing enhancement for interfering with the ‘administration of justice.’”

The appeals court affirmed Brock’s conviction but disagreed on the sentencing, saying: “As for Brock’s sentence, we hold that the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes.” more here

10 Comments on Appeals court rules some Jan. 6 Capitol riot defendants improperly sentenced over ‘interference’

  1. “I think we are heading toward a very broad interpretation of “administration of justice. “
    Couldn’t agree more. There’s going to come a point in time when LE is reactive and can not respond. That’ a green light.

    1

Comments are closed.