Federal appeals court tosses out January 6 sentence, possibly affecting more cases
(NBC, KYMA/KECY) - A federal appeals court tossed out a portion of a January 6 defendant's sentence, possibly affecting more than 100 other cases related to the 2021 attack on the Capitol.
Friday's ruling stems from a lower court's enhanced sentencing of a defendant over his substantial interference with the administration of justice on the day Congress was certifying Joe Biden's victory over Donald Trump.
Larry Brock, who appealed his case to the Washington court, had been convicted of six charges, including "corruptly obstructing Congress's certification of the electoral count." However, a three-judge panel in Washington, D.C. has ruled that "administration of justice does not encompass Congress's role in the electoral certification process."
More than 100 defendants have had the enhancement applied to their cases, according to a spokesperson for the D.C. U.S. Attorney's Office, and the ruling potentially opens the door to the resentencing of other January 6 defendants who were hit with similar sentences.
The ruling also comes on the same day Michael Sparks, the very first rioter to breach the U.S. Capitol on January 6, was convicted by a jury on six charges including felony counts of obstruction of an official proceeding and obstruction of officers during a civil disorder.
According to court records, Sparks is scheduled to be sentenced on July 9, 2024.