Appeals Court Orders New Sentence in Capitol Riot Case

A federal appeals court has ordered a new sentence for a retired Air Force officer convicted in the January 6 Capitol riot, potentially affecting dozens of other cases.

A federal appeals court in Washington has ordered a new sentence for a retired Air Force officer who stormed the US Capitol dressed in combat gear. The ruling, issued on Friday, could impact dozens of other cases stemming from the January 6, 2021, attack.

Court Upholds Conviction but Finds Sentencing Enhancement Misapplied

While a panel of the US Court of Appeals for the DC Circuit upheld Larry Brock's conviction, the court said a judge wrongly applied an enhancement that lengthened the recommended prison sentence range under federal guidelines. The enhancement was based on the grounds that Brock's conduct resulted in substantial interference with the administration of justice. This enhancement has been applied in more than 100 other January 6 defendants' cases.

Potential Impact on Other Defendants

If the ruling stands, those defendants who have not already completed their prison terms may push for new sentences. Prosecutors are considering their options regarding whether to appeal the ruling.

Brock's Sentence and Current Status

Brock was sentenced last year to two years in prison after being convicted of a felony charge of obstruction of an official proceeding and misdemeanor offenses. He is currently serving his sentence at a federal lockup in Missouri and is expected to be released in December.

Supreme Court to Hear Related Case

The obstruction felony charge is already at the center of another case the US Supreme Court will hear arguments on next month. The justices agreed to hear the appeal filed by lawyers for another rioter charged with obstruction of an official proceeding, one of the most widely used charges brought in the January 6 attack.

Court's Reasoning in Brock's Case

In Brock's case, the appeals court said the administration of justice sentencing enhancement applies to judicial proceedings but does not extend to interfering with the certification of the electoral vote. This is what Congress was meeting to do on January 6 when supporters of Donald Trump stormed the Capitol.

The court stated that Brock's interference with one stage of the Electoral College vote-counting process, while endangering democratic processes and temporarily derailing Congress's constitutional work, did not interfere with the administration of justice.

Unclear Extent of Sentence Reduction

It is unclear to what extent Brock's or other defendants' punishments might be reduced on re-sentencing. With the sentencing enhancement, the range in Brock's case under federal guidelines was 24 to 30 months. US District Judge John Bates sentenced Brock to the low end of those guidelines, which provide direction for judges when considering punishments but are not mandatory.

Brock's Attorney's Argument

Brock's attorney has argued in court papers that the misapplied enhancement likely increased his client's sentence by about nine months. Prosecutors had recommended a sentence of five years in prison.

Brock's Actions During the Capitol Attack

Brock, of Grapevine, Texas, was wearing a helmet and tactical vest when he joined the mob that attacked the Capitol. He entered the Senate floor only minutes after Vice President Mike Pence, senators, and their staff evacuated the chamber. Brock picked up a discarded pair of zip-tie handcuffs and was photographed holding them on the Senate floor in a widely shared photo. His lawyer has stated in court papers that Brock did not intend to harm anyone with the handcuffs.