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 ...
https://www.documentcloud.org/documents/24452522-brock
What is a sentence enhancement?
Additional punishment beyond guidelines like getting a manslaughter sentence for trespassing.
Opinion:
https://cases.justia.com/federal/appellate-courts/cadc/23-3045/23-3045-2024-03-01.pdf?ts=1709308951
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.
How do they get that time back?
If you spit at someone you get a $100 fine.If you spit at them because they’re “gay” you get 10 years.
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
“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.”
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.
Just how many times have left-wingers obstructed Congress' work? Many times, but I don't remember a single prison sentence.
Ray Epps “sentence” was quite improper.
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?
“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.
Its what all the MAGA spewing Trump deplorables get when they get sentenced.
What is a search engine? ;-)
What riot?
Scam riot, scam election, scam demic, scam p resident.
Look at what went on in poutland to see riotnessnessings goings ons.
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.
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.
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