Tuesday, March 5, 2024

Over-sentenced

 From American Thinker:

People swept up in the Department of Justice’s January 6 dragnet have been getting extraordinarily harsh sentences. While daily headlines are filled with stories of repeat offenders walking away with slaps on the wrist following brutal crimes, the January 6 defendants, almost every one of whom had no previous criminal record (that I’m aware of), were being sent away for years simply for having stepped onto Capitol grounds. These were insane sentences compared to what happened to violent and destructive Antifa and BLM protestors. Now, though, a D.C. Circuit Court of Appeals, in a unanimous decision, held that the prosecutors and the judges improperly used a “multiplier” to reach these sentences.

The decision arises in the case of only one defendant—Larry Brock—a retired Air Force officer who entered the capitol wearing a helmet and tactical vest and who was carrying zip ties that he testified he found on the floor and picked up. There’s no indication that he did anything other than wander through the Capitol.

Nevertheless, for these sins, Brock was sentenced to two years in prison. He filed an appeal alleging that the prosecutors wrongly demanded and the judge gave a sentencing multiplier based upon his having violated U.S.S.G. sec. 2J1.2(b)(2). That provision says that, for Base Offense Level 14, “If the offense resulted in substantial interference with the administration of justice, increase [the Base Offense Level] by 3 levels.” (Read more.)

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