XPost: law.court.federal, alt.politics.elections, alt.fan.rush-limbaugh
XPost: talk.politics.guns, sac.politics
Afederal appeals court on Friday ordered a new sentence for a North
Carolina man who pleaded guilty to a petty offense in the Capitol riot — a ruling that could impact dozens of low-level cases in the massive Jan. 6,
2021 prosecution.
The appeals court in Washington said James Little was wrongly sentenced
for his conviction on a misdemeanor offense to both prison time and
probation, which is court-ordered monitoring of defendants who are not
behind bars.
Little, who entered the Capitol but didn't join in any destruction or
violence, pleaded guilty in 2021 to a charge that carries up to six months behind bars. He was sentenced last year to 60 days in prison followed by
three years of probation.
But the 2-1 opinion from the U.S. Court of Appeals for the D.C. Circuit
said that probation and imprisonment “may not be imposed as a single
sentence” for a petty offense, adding “there are separate options on the
menu.” Judge Robert Wilkins, who was appointed by former President Barack Obama, dissented.
The decision could invalidate the sentences of dozens of Jan. 6 defendants
who received what is known as a “split sentence" for a petty offense. More
than 80 other Jan. 6 defendants have been sentenced to both prison time
and probation for the same misdemeanor offense as Little, according to an Associated Press analysis.
The practical effect, however, may be limited as almost all of them have
likely already served their prison terms long ago. Little's attorney had
asked the appeals court to simply order an end to his probation monitoring since he already served his 60 days behind bars.
An attorney for Little declined to comment on Friday. The Justice
Department could appeal the decision. A spokesperson for the U.S.
attorney's office in Washington said: “We are reviewing the Court’s ruling
and will determine our next steps in accordance with the law.”
Some judges who have imposed such sentences in misdemeanor cases have
stressed the need to keep tabs on Jan. 6 defendants after they serve their
time to prevent them from engaging in such conduct during the next
election. While on probation, defendants have to check in with a probation officer and follow certain conditions.
“The Court must not only punish Little for his conduct but also ensure
that he will not engage in similar conduct again during the next
election,” the judge who sentenced Little, U.S. District Judge Royce
Lamberth, wrote in a ruling last year.
“Some term of imprisonment may serve sentencing’s retributive goals. But
only a longer-term period of probation is adequate to ensure that Little
will not become an active participant in another riot," he wrote.
On Jan. 6, 2021, Little went to President Donald Trump's speech ahead of
the riot and then walked to the Capitol, where he fist-bumped other
rioters and went into the Senate Gallery, according to court records.
After leaving the Capitol, he and others prayed on the Capitol steps and
sang “We’re Not Gonna Take It,” by Twisted Sister, according to court documents.
More than 1,000 people have been charged with federal crimes related to
the Jan. 6 riot. More than 600 of them have pleaded guilty or been
convicted after trials decided by a jury or judge. About 600 have been sentenced, with over half getting terms of imprisonment ranging from three
days to 18 years.
https://www.msn.com/en-us/news/crime/court-tosses-jan-6-sentence-in- ruling-that-could-impact-other-low-level-capitol-riot-cases/ar-AA1fsIAY
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