Scene from the Jan. 6 2021 Capitol riot. (AP Photo/Jose Luis Magana, File)
Other aspects of Larry Brock’s conviction were upheld but the appeals court said it would "vacate Brock’s sentence" and remanded the district court to resentence the single "interference" charge.
Other January 6 defendants received longer sentences because of the same charge, which could throw their respective sentences into question.
"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.’"
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Brock was initially arrested and charged on January 6, 2021, on just two charges: knowingly entering or remaining in any restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds.
The U.S. Capitol Rotunda stands empty in Washington, D.C. (Alex Wroblewski/Bloomberg via Getty Images)
It continued: "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.’"
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Brock left the Capitol at 3:02 p.m.
"On his way out, he deescalated an altercation between another rioter and Capitol Police officers and guided the rioter out of the Capitol. In total, Brock spent approximately 38 minutes inside the building," the attorney’s office said.
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https://www.foxnews.com/politics/appeals-court-rules-some-jan-6-capitol-riot-defendants-improperly-sentenced-interference