In a ruling issued Friday that could impact dozens of other cases stemming from the Jan. 6 attack, a federal appeals court in Washington has ordered a new sentence for a retired Air Force officer who stormed the U.S. Capitol dressed in combat gear.
While Larry Brock's conviction was upheld by a panel of the U.S. Court of Appeals for the D.C. Circuit, the court pointed out that a judge had incorrectly applied an enhancement that lengthened the recommended prison sentence range under federal guidelines.
The Associated Press reported Patricia Hartman, a spokesperson for the Washington U.S. attorney's office, noted that the enhancement, based on the argument that Brock's conduct resulted in "substantial interference with the administration of justice," has been employed in more than 100 other cases involving Jan. 6 defendants.
If the decision stands, those defendants yet to complete their prison terms may seek new sentences. When asked whether prosecutors will appeal the ruling, Hartman said they are considering their options.
What Does This Mean For Defendant's Already Sentenced?
Convicted of a felony charge of obstruction of an official proceeding and misdemeanor offenses, Brock was sentenced to two years in prison last year. Currently housed in a federal lockup in Missouri, he is set to be released in December, based on Bureau of Prisons records.
It remains unclear to what degree Brock's, or other defendants', sentences might be reduced upon re-sentencing. With the sentencing enhancement, the range in Brock's case under federal guidelines was 24 to 30 months.
U.S. District Judge John Bates opted for the lower end of those guidelines, which offers direction to judges in determining penalties but are not mandatory.
Brock from Grapevine, Texas, wore a helmet and tactical vest as he joined in the Capitol mob. Shortly after the Senate evacuation, he made his way onto the Senate floor, holding discarded zip-tie handcuffs in a widely shared photo.
His lawyer argued in court documents that Brock did not intend to use the handcuffs to cause harm.
