ALERT! Major Water Restrictions In Effect!
The United States Court of Appeals for the District of Columbia. Circuit Judge Millett, the author of the court’s opinion, stated that interference with Congress’ certification of the electoral votes in the 2020 presidential election does not warrant a sentence enhancement. Due to this, the Circuit concluded that defendant and former Air Force officer Larry Brock’s sentence was flawed because it incorrectly incorporated charges of “interference with the administration of justice.” Fox News reported.
“Brock challenges both the district court’s interpretation of Section 1512(c)(2)’s elements and the sufficiency of the evidence to support that conviction. He also challenges the district court’s application of the three-level sentencing enhancement for interfering with the ‘administration of justice,’” Millett wrote.
“As for Brock’s sentence, we hold that the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes,” the appeals court stated, disagreeing with the conviction but upholding Brock’s sentence.
Although Larry Brock’s sentence was overturned, his conviction remains. For resentencing on the interference charge, the case is being returned to the district court.
Inconsistencies in sentencing enhancements could result in the overturning of sentences for more Jan. 6 defendants.
“Larry Brock participated in the violent January 6th riot at the United States Capitol that forced the evacuation of members of Congress and their staff and prevented Congress’s certification of the 2020 presidential election until the next day. After a bench trial, the court convicted Brock of six crimes, including corruptly obstructing Congress’s certification of the electoral count under 18 U.S.C. § 1512(c)(2),” Judge Millet wrote.
“At sentencing, the district court applied a three level sentencing enhancement to Brock’s Section 1512(c)(2) conviction on the ground that Brock’s conduct resulted in ‘substantial interference with the administration of justice,’” he added.
In a filing, Brock’s legal team noted his minimalist role: “Brock ultimately reached the Senate floor, where he spent approximately eight minutes walking around and looking at paperwork on desks. During this time, Brock told others not to sit in the Vice President’s chair or to be disrespectful, explaining that the rioters could not afford to ‘lose the IO war.’”
