Dozens of Capitol Rioters May Have to Be Resentenced

An appeals court ruling on Friday in the case of one of the Capitol rioters means that more than 100 defendants in the Jan. 6 violence may be resentenced, reports the Washington Post. In many of the cases, the sentence isn't expected to change at all. Some defendants, however, may see a reduction as a result of the ruling from the US Court of Appeals for the DC Circuit.

• This case: The ruling involves Larry Brock, who entered the Capitol in combat gear while carrying zip ties. Last year, the retired Air Force officer was sentenced to two years in prison after being convicted of charges including obstruction of an official proceeding. Brock engaged in no violence on that day.
• An enhancement: Brock appealed his sentence because the judge, at prosecutors' request, had applied a sentencing enhancement, finding that Brock interfered with the "administration of justice." The appeals court on Friday ruled that the enhancement shouldn't have been used, per Fox News.

• Elaborating: "Brock's interference with one stage of the Electoral College vote-counting process—while no doubt endangering our democratic processes and temporarily derailing Congress' constitutional work—did not interfere with the 'administration of justice,'" wrote Judge Patricia Millett in a unanimous three-judge ruling, per Politico. Meaning, he's still guilty of obstruction and storming the Capitol, but his sentencing shouldn't have factored in the enhancement.
• Now what? Brock must be resentenced, though it's not clear he'll see any benefit. The Post notes that such enhancements frequently don't affect how much time judges actually mete out—DC judges "regularly make clear that their punishments would be the same without the enhancement." Still, the ruling may require judges to recalculate the sentences of dozens of Jan. 6 defendants, as the enhancement can increase sentencing recommendations by a year or so, notes Politico.
• Pleas: The ruling could also affect plea negotiations by "eliminating one bargaining chip used by prosecutors when encouraging defendants to plead guilty without a trial," per the Post.

(More Capitol riot stories.)