A federal appeals court ruled that some January 6th Capitol riot defendants had their sentences improperly increased.
Specifically, the court found that Larry Brock’s sentence was improperly enhanced for “interference with the administration of justice.”
This enhancement has been applied to over 100 other January 6th cases.
The court determined that interfering with Congress’ certification of the 2020 election results does not qualify for the sentencing enhancement.
Circuit Judge Millett said, “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.’”
As a result, Brock’s sentence was vacated and remanded for resentencing, which could impact other similar cases that received longer sentences due to the same improper charge.
Prosecutors are considering whether to appeal the ruling.
Brock was serving a two-year sentence for felony obstruction and misdemeanors related to the Capitol breach.
