A federal appeals court in Washington, DC, has determined that some defendants involved in the Capitol riot on January 6, 2021, had their sentences improperly increased. The U.S. Court of Appeals for the D.C. Circuit ruled that defendant Larry Rendall Brock’s sentence included charges of “interference with the administration of justice” in error.
As a result, a new sentence has been ordered for the retired Air Force officer, which could have implications for other cases related to the events of that day. Circuit Judge Millett, who authored the court’s opinion, stated that interference with Congress’ certification of the electoral votes in the 2020 presidential election should not be considered for sentence enhancement.
“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.’”
The Washington’s U.S. attorney’s office spokesperson, Patricia Hartman, stated that the AP report highlights the application of the enhancement in over 100 other cases involving defendants from January 6. This enhancement was based on the substantial interference with the administration of justice caused by Brock’s conduct.
Consequently, other defendants from the same incident may have their sentences called into question due to the same charge.
When asked about the possibility of appealing the ruling, Hartman mentioned that the prosecutors are currently evaluating their options. Brock, who was convicted of obstruction of an official proceeding and misdemeanor offenses, received a two-year prison sentence last year. He is currently serving his sentence in a federal facility in Missouri and is expected to be released in December, as per the Bureau of Prisons records available online.
As of now, there has been no response from Brock’s attorney regarding the request for comment from AP.