Jan. 6 defendant ‘improperly’ had prison sentence extended: Judges may now have to reduce prison terms for Capitol rioters who interfered with ‘administration of justice’ after appeals court ruling

A federal court on Friday ordered a new sentence for a retired Air Force officer who participated in the attack on the U.S. Capitol, in a ruling that could reduce the sentences of dozens of other convicts.

Retired Lt. Col. Larry Brock, 57, gained notoriety on Jan. 6, 2021, when he was photographed wearing combat gear and holding a pair of discarded zip-lock handcuffs on the Senate floor.

He was sentenced last year to two years in prison for obstructing Congress.

A Washington appeals court upheld the conviction but said a judge was wrong to extend his sentence with an “enhancement” on the basis that his conduct resulted in “substantial interference with the administration of justice.”

Courts can use the improvements to impose harsher punishments.

Patricia Hartman, a spokeswoman for the U.S. attorney’s office in Washington, said the same enhancement had been used in more than 100 other convictions since Jan. 6.

As a result, the ruling could pave the way for dozens of appeals for shorter sentences.

However, it was unclear whether Brock received a longer sentence because of the enhancement. Washington judges often say they would have handed down the same sentence with or without the conviction.

His lawyers, like Donald Trump, who faces charges over the day’s events, argued that Brock was not involved in any violence when the mob attacked the Capitol.

But the panel of appeal judges said that didn’t matter,

“Brock participated in a riot that sought to overturn the 2020 presidential election by force, and that he himself was prepared to take violent action to achieve that goal,” they wrote, referencing their own social media posts.

“When a defendant announces his intention to use violence to obstruct a congressional proceeding, comes equipped for violence, and then obstructs that proceeding, the evidence supports the conclusion that he acted with an impermissible purpose or with knowledge of the wrongfulness of his actions. “.

But they agreed that the crimes committed on January 6 were not intended to derail the legal process.

“Brock’s interference in one stage of the electoral college vote-counting process – while undoubtedly jeopardizing our democratic processes and temporarily derailing the constitutional work of Congress – did not interfere with the ‘administration of justice,'” they concluded.

The result is that Brock, who is imprisoned in Missouri and expected to be released in December, will now receive a new sentence.

Brock’s attorney estimated the enhancement increased his sentence by nine months.

However, his sentence was at the lower end of the range recommended under federal guidelines of 24 to 30 months. And Washington judges have sometimes said the enhancement had no bearing on his sentencing.

Brock was wearing a helmet and a tactical vest when he joined the mob that attacked the Capitol and stormed the Senate floor just minutes after Vice President Mike Pence, senators and his staff evacuated the chamber.

Brock picked up a pair of discarded zip-lock handcuffs and was photographed in a widely shared photo holding the handcuffs on the Senate floor.

His attorney said in court documents that Brock did not take the handcuffs to do any harm.