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March 6, 2024 at 6:45 pm

Some J6 Sentences Were Improperly Lengthened, Appeals Court Rules…

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by Kyle Cheney at Politico

A federal appeals court panel ruled Friday that Jan. 6 defendants who obstructed Congress’ work had their sentences improperly lengthened by judges who determined that they had interfered with the “administration of justice.”

The decision could force district court judges in Washington, D.C. to recalculate, and perhaps reduce, the sentences of more than 100 Jan. 6 rioters convicted of felony obstruction for their roles in the attack on the Capitol that threatened the transfer of power three years ago.

Federal sentencing guidelines encourage judges to apply the “administration of justice” enhancement to defendants who disrupt judicial proceedings like grand jury investigations or court hearings. The enhancement can increase recommended sentences by more than a year.

The Justice Department has routinely asked judges to apply the enhancement to defendants who stormed the Capitol on Jan. 6, arguing that the session of Congress that day — meant to count electoral votes and certify the results of the 2020 election — should be considered the equivalent of a judicial proceeding.

A three-judge panel of the D.C. Circuit Court of Appeals rejected that…

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