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Some Jan. 6 rioters received improper sentence enhancements, appeals court rule
ABC News ^ | 3/1/24 | Alexander Mallin

Posted on 03/01/2024 2:29:44 PM PST by CFW

A D.C. Circuit Court of Appeals panel issued a ruling Friday that could impact scores of prison terms handed down to rioters convicted and sentenced for joining the Jan. 6, 2021, assault on the U.S. Capitol.

The three-judge panel ruled that defendants convicted of obstructing the congressional certification had received improper enhancements of their sentences from district court judges who determined their actions amounted to "substantial interference with the 'administration of justice.'"

The challenge to the enhancement was brought in the case of convicted rioter Larry Brock, who was sentenced in 2023 to two years in prison for his felony conviction of obstructing Congress' work.

In their ruling, the panel of judges upheld Brock's conviction but ordered the district judge overseeing his case to resentence him and remove the enhancement he had previously included -- which in many instances has paved the way for judges to increase the lengths of prison terms for rioters by more than a year.

While it's not immediately clear whether the Justice Department plans to appeal the ruling, the panel's decision is likely to impact dozens of sentences already handed down by judges in cases where they've accepted similar enhancements recommended by prosecutors.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Politics/Elections
KEYWORDS: brock; corruption; defendants; enhancementcharge; jan6; jan6th; larrybrock; politicalprisoners; sentenceenhancement; sentences
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copy of court's decision here:

https://www.documentcloud.org/documents/24452522-brock

1 posted on 03/01/2024 2:29:44 PM PST by CFW
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To: CFW

What is a sentence enhancement?


2 posted on 03/01/2024 2:31:40 PM PST by gitmo (If your biography doesn't match your theology, what good is it?)
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To: gitmo

Additional punishment beyond guidelines like getting a manslaughter sentence for trespassing.


3 posted on 03/01/2024 2:35:07 PM PST by gibsonguy
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To: CFW

Opinion:

https://cases.justia.com/federal/appellate-courts/cadc/23-3045/23-3045-2024-03-01.pdf?ts=1709308951


4 posted on 03/01/2024 2:35:30 PM PST by Fury
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To: CFW

If DJT wins I hope that one of the first things he does in January is to pardon most of those convicted and commute the sentences of others.


5 posted on 03/01/2024 2:37:15 PM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: CFW

How do they get that time back?


6 posted on 03/01/2024 2:38:53 PM PST by McGavin999 ( A sense of humor is a sign of intelligence, leftists have no sense of humor, therefore……)
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To: gitmo

If you spit at someone you get a $100 fine.If you spit at them because they’re “gay” you get 10 years.


7 posted on 03/01/2024 2:39:16 PM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: Fury

Thanks. I forget sometimes that you have to create the live link on an initial post. Ooopsie. My bad.

Here is my link “live”:

https://www.documentcloud.org/documents/24452522-brock


8 posted on 03/01/2024 2:39:17 PM PST by CFW (I will not comply!)
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To: gitmo

“What is a sentence enhancement?”


“Sentencing enhancements are laws that can allow judges to increase the penalties issued against an individual based on the circumstances of the crime such as who committed it or how it was committed. Enhancements can include increased fines, jail time, or even reclassify charges.”


9 posted on 03/01/2024 2:40:49 PM PST by CFW (I will not comply!)
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To: Gay State Conservative

If Trump wins he’s free to do as he pleases with respect to going after the left legally. One, he’s a lame duck. Two, the left can’t go beyond possibility and attack him any harder than they already do, twenty four seven three six five.


10 posted on 03/01/2024 2:43:35 PM PST by TalBlack (I We have a Christian duty and a patriotic duty. God help us.)
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To: CFW

11 posted on 03/01/2024 2:55:37 PM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: CFW
Larry Brock, who was sentenced in 2023 to two years in prison for his felony conviction of obstructing Congress' work.

Just how many times have left-wingers obstructed Congress' work? Many times, but I don't remember a single prison sentence.

12 posted on 03/01/2024 2:56:44 PM PST by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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To: CFW

Ray Epps “sentence” was quite improper.


13 posted on 03/01/2024 2:58:24 PM PST by Manic_Episode (A government of the government, by the government, for the government)
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To: McGavin999

Could someone who felt unjustly sentenced, feel it was appropriate to cut a pound of flesh off who they felt responsible, a pound for every month they were sentenced?


14 posted on 03/01/2024 3:01:15 PM PST by desertsolitaire
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To: libertylover

“Just how many times have left-wingers obstructed Congress’ work? Many times, but I don’t remember a single prison sentence.”


The left does it often. But the tide may be turning. I was given a bit of hope after seeing the ruling the other day recognizing that instigating ANTIFA rioters are not arrested while law-abiding protesters on the right are arrested, charged, and given jail time. The two standards of justice are easy to spot.


15 posted on 03/01/2024 3:08:41 PM PST by CFW (I will not comply!)
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To: gitmo

Its what all the MAGA spewing Trump deplorables get when they get sentenced.


16 posted on 03/01/2024 3:11:19 PM PST by Delta 21 (If anyone is treasonous, it is those who call me such.)
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To: gitmo
What is a sentence enhancement?

What is a search engine? ;-)

17 posted on 03/01/2024 3:19:47 PM PST by vrwc1
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To: CFW

What riot?
Scam riot, scam election, scam demic, scam p resident.
Look at what went on in poutland to see riotnessnessings goings ons.


18 posted on 03/01/2024 3:41:09 PM PST by Recompennation (Don’t blame me my vote didn’t count)
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To: CFW

This is a start but a small one. It make me wonder how, in the future if many J6 folks are released, how will they be made whole? Will financial reparations be available? You know the left will scream and howl about using taxpayer money to settle the wrongs.

Or will the J6 folks just have to be satisfied with the law visiting misfortune upon the J6 Judges, lawyers, LEOs, jailers, etc. Will loss of law licenses or loss of pensions or other punishments be satisfactory? I would think not. While it is a real consequence for the judge, kicking some over-zealous judge off his bench and taking his pension does nothing for a dude who has spent three years in unjust confinement.


19 posted on 03/01/2024 3:56:32 PM PST by ByteMercenary (Cho Bi Dung and KamalHo are not my leaders.)
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To: CFW

Without going in to details not too long ago I was watching a friend who was sitting before a judge in court. Right behind him were two beefy U.S. marshals who were ready to take my friend to prison for years. It was a done deal and all the judge had to do was the sentencing because unfortunately my friend had some bad advice from his first (famous) lawyer and had please guilty to something after being told he would never go to jail.

The situation to me was an example of malicious prosecution but that part is a long story. Anyway, imagine federal prosecutors on one side of court chuckling because someone was going away for a while. The people who were there to advise the court on sentencing had said my friend should go to prison for 5 years where there. What those folks did not know is that I have another friend who is one of the best attorneys in the country. A friend who knew a governor who happened to appoint a judge to the bench on my attorney friends advise and darn if that judge was doing the sentencing in that court that day.

The feds spoke then my attorney friend spoke. He was brilliant but you could tell that the federal prosecutors didn’t care because the judge in the room usually sentenced by using standard guidelines. But the reality is that the judge can also go the other way and do a lighter sentence if he chooses to do so. But this judge never did until that day and my friend walked out of court free. The federal prosecutors were incensed. They were livid and red faced.

Sometimes things work out when you can beat the system from inside the system but in the case of the J6 people the system is totally stacked against them. It is sad and totally un-American.


20 posted on 03/01/2024 4:16:28 PM PST by isthisnickcool (1218 - NEVER FORGET!)
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