A federal appeals court on Friday ruled that an enhancement charge used against Jan. 6 defendants to lengthen their sentences couldn’t apply to the Capitol protest.
In a unanimous opinion from the D.C. Circuit Court of Appeals, Judge Patricia Millett, an Obama appointee, said prosecutors’ use of a “substantial interference with the administration of justice” charge to enhance the prison sentence of Larry Brock was too broad.
“We hold that the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes,” wrote Judge Millett.
The challenge was brought by Brock, who traveled from Texas to Washington, D.C., and participated in the Jan. 6 demonstration.
He spent 38 minutes in the U.S. Capitol that day and even stepped onto the Senate floor, looking at paperwork on desks. He did work toward settling violence between another protester and an officer, taking the fellow demonstrator outside.
Brock was convicted of six crimes after a three-day bench trial.
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His conviction has been upheld by the appeals court — but the sentencing enhancement, specifically the charge related to interfering with the administration of justice, was overturned.
The ruling could affect other Jan. 6 defendants who have faced the same sentencing enhancement the appeals court now deems unlawful.
Brock was sentenced to two 24-month sentences to run concurrently for his felony charges.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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