Florida man gets 8 months in prison in 1st felony sentence from Capitol riot

[demmiblue]

Source: MSNBC

A Florida man who was seen carrying a large red "Trump 2020" flag on the floor of the U.S. Senate during the Capitol riot received eight months in prison Monday in the first felony sentence from the Jan. 6 attack.

Paul Allard Hodgkins, 38, of Tampa, was arrested Feb. 16 after the FBI received a tip identifying him among the hundreds of people seen in photos and videos inside the Capitol. He pleaded guilty in June to a single felony count of obstructing an official proceeding, which carries a maximum sentence of 20 years in prison.

"Although you were only one member of a larger mob, you actively participated in a larger event that threatened the Capitol and democracy itself," said U.S. District Court Judge Randolph Moss of Washington.

"The damage that was caused that way was way beyond a several-hour delay of the vote certification," Moss said. "It is a damage that will persist in this country for several decades."

Read more: https://www.nbcnews.com/politics/justice-department/florida-man-gets-1st-felony-sentence-role-capitol-riot-n1274353

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[NCjack]

1. Damn. I need to see the bright side -- he is now a convicted felon.

[fwvinson]

56. 8 months IN prison. Good. Any amount of time IN PRISON

is a long time. He will know he has been in prison. When he gets in general population, if he gets through orientation, he will know he has been in prison. Believe me.

[DownriverDem]

91. Folks will be disappointed

if they think the charges will be sedition or treason. He was charged with a single felony count of obstructing an official proceeding, which carries a maximum sentence of 20 years in prison. I see comments that do not seem to understand the charges. Many are first time offenders and will not spend much time in jail if at all.

[NCjack]

93. Thanks for explanation.

[Scrivener7]

2. Which means 4 months. For participating in an attempt to overthrow the government. Not good enough.

[GregariousGroundhog]

7. He'll serve at least 7 months.

Federal prisoners must serve at least 85% of their sentence.

That said, I agree with you that this is a light sentence. Obstruction of Proceedings is listed within 18 USC Ch. 73 (Obstruction of Justice). The sentencing guidelines for Obstruction of Justice is 15-21 months for someone with no prior criminal history. I feel the prosecutor's request for 18 months was reasonable.

[Johnny2X2X]

27. He's already done 6 months

He'll get credit for time served.

[AZSkiffyGeek]

83. He has?

I read he was out on bail. And when did the judge say he got credit for time served?

[Bengus81]

67. Subtract time served. He might have already done 4-5 months of it.

This is a FUCKING joke,but really not surprising. Bet all the other Trump TERRORISTS are laughing their collective asses off about now.

[COL Mustard]

52. He's A Felon Now

That impacts his ability to vote, to own guns, and to work for the Federal Government (or its contractors). It’s a big deal, even with that minimal amount of hard time. And don’t forget his lawyer fees.

[paleotn]

80. Impacts his ability to get a job, period, much less a federal job.

It makes finding gainful employment in general more difficult. Some private employers won't touch anyone with a felony record. Some states have tried to remove criminal record info from job applications with "ban the box" laws, but regardless, it shows up in even a very basic background check. Irony is, his type are the first to say that's a good thing. "Don't do the crime and you won't have that problem" they say. I wonder if he still feels that way?

[Scrivener7]

81. I bet there will be a little Q subgroup that makes a point of hiring these guys.

[paleotn]

82. Might be.

but I bet they won't pay crap. It's not in their nature to actually pay well.

[DownriverDem]

92. Look at the charges

Folks need to pay attention to them.

[bottomofthehill]

3. He is on the Floor of the Senate

His action directly impacted stop of the vote count and he gets 8 months, what the fuck

That is not any way near enough for a domestic terrorist.

He knew what he was doing when he left Florida armed with goggles and gloves to commit his crime.

Fuck, fuck, fuck.

[OneCrazyDiamond]

38. He probably claimed the gloves and goggles were 'cause of COVID.

That is BS, 'cause they don't believe in COVID.

[Tiger8]

40. He will be out in a month - and branded a hero

Conviction gives this dirtbag publicity to springboard himself into celebrity status among the MAGAts.

WTF are these stupid judges thinking?!? How dumb is the judge? Do they have no common sense? This is disgusting....a sentence comparable to a shoplifter stealing toothpaste.

[yaesu]

4. gee, a whole 8 months for committing a terrorist attack against the US Capital. nt

[nattyice]

6. Yup, meanwhile, that guy who tried to vote in Texas but wasn't supposed to

Is looking at 20 years.

[Lonestarblue]

11. The two people in Texas who have been arrested for illegal voting are both black.

Texas has no requirement for prison officials to inform inmates of limitations on voting so long as they are on parole—and thus they don’t, leading to an unfair victimization. The guy who attacked the Capitol is white. I suspect there’s a correlation between his race and his sentencing. I’m not saying that the judge is prejudiced for white people, just that the entire justice system tends to view them more favorably. On January 6, the Capitol police and the National Guard were worried about BLM, not white guys attacking the Capitol.

[bottomofthehill]

58. Domestic terrorism, 8 months

What the fuck……

[Ocelot II]

5. I'd have preferred a longer sentence, but I look at it this way:

This knucklehead still has to spend time in prison, even if it's not an especially long time. Prison always sucks. More importantly, he will have a felony record forever, which means that, depending on where he lives and how long he's on probation, he won't be able to vote for a long time, if ever. He can't own a gun. He won't be able to get some types of jobs. He's pretty much fucked the rest of his life.

The other thing this suggests is that most of these numpties will end up having to plead to felonies and will also go to the slammer for awhile (presumably this sentence was in accordance with the federal sentencing guidelines) just for having trespassed in the Capitol - without having done anything else. The ones who actually broke things or hurt people will fare a lot worse.

[Dopers_Greed]

12. Agreed

This guy's offense was fairly minor compared to some of the other rioters.

He's basically fucked for life. It's hard enough to find a good job even with a clean record. This dooms him to be poor forever.

[OneCrazyDiamond]

39. IDK,

There is likely some MAGAT out there willing to support him. He is a Patriot™ now.

[Mr.Bill]

46. If he moves to the right district

he could probably get elected to Congress.

[Texin]

19. I'm with you in your way of thinking. He's going to lose his physical freedom

not to mention being subjected rigid restrictions for the next approximately 6-7 months. That's not nothing. A person is monitored, inspected and subject to potential physical harm or death at the hand one of the other felons or prison guards. The sentence might not be long but it will feel like a very long time to these numbskulls. And he'll have "Convicted Felon" on his record for the rest of his life.

[Mr.Bill]

47. Or until he's pardoned

by the next republican president.

[traitorsgalore]

20. Well said. He's going to prison.

It's a great day for justice.

[Texin]

23. I'm with you in your way of thinking. He's going to lose his physical freedom

not to mention being subjected rigid restrictions for the next approximately 6-7 months. That's not nothing. A person is monitored, inspected and subject to potential physical harm or death at the hand one of the other felons or prison guards. The sentence might not be long but it will feel like a very long time to these numbskulls. And he'll have "Convicted Felon" on his record for the rest of his life.

[William Seger]

32. In Florida, he'll be able to vote if he doesn't owe court fees, fines or restitution

... thanks to a Constitutional amendment that progressives championed and Republicans vehemently opposed and later modified to add the restriction that all fines and restitutions must be paid, intentionally disenfranchising people most likely to vote Democratic.

[Ocelot II]

34. He will still owe, and have to pay, restitution.

I'm actually in favor of letting ex-cons vote, but if this dbag moves to a state where he can't on account of his conviction, it won't break my heart. And he won't be able to own a firearm, which will probably bother him even more.

[William Seger]

49. I do worry about these people having guns

... and it appears that he can apply for clemency after 8 years. The Florida clemency board and the governor would need to sign off on it, but if Republicans still run the state then, clemency for 1/6 insurrectionists will probably be automatic.

[Ocelot II]

50. It's a federal sentence; not sure FL can do anything about it.

[Paladin]

8. Should have been ten times longer. (nt)

[Wuddles440]

9. An absolute travesty...

but highly predictable. All of the insurrectionist should be charged with sedition along with their enablers. Such lenient treatment will only embolden those planning the next coup attempt.

[bringthePaine]

10. Brits call this preposterous shit "weak tea"

[Cryptoad]

13. He wil be hipped and ready to go,,,,,

when he get out........

[getagrip_already]

24. he's got 2 years to keep clean after he gets out....

He has 2 years probation after release. The article omitted that for some reason.

[AZSkiffyGeek]

84. Gotta show that the Dems are weak

And plenty here are ready to go along with it.

[getagrip_already]

87. well, it was certainly meant to get people upset....

Don't know if was meant to show we were weak, but since you mention it, it does seem like leaving out the details was a ploy to get people angry and make it look like they would all be getting off easy.

That isn't the case here. He got a light sentence because he pleaded guilty, is a cooperating witness, and because he didn't physically assault anyone. All gave the judge leeway here.

The next person who goes in with a not guilty arrogant attitude will get a much harder row to hoe.

[Jon King]

14. While he sits in prison and can't find work again, Ivanka and Don Jr are buying mansions....

Does it ever occur to these guys while sitting in a smelly, noisy, awful prison, with the prospect upon release of not being able to make a living as a convicted felon, that they are complete suckers?

Ivanka is on a yacht, bought a mansion, just enrolled her kids in best schools. Don Jr. and Kimmy just bought 2 mansions. TFG golfs every day while servants bring him food.

At some point you would think these dimwits would realize they threw their lives away for a family of grifters. But nope.

[Justice matters.]

64. Obviously, they don't care.

What they care about is doing what the propagandists on RW media tell them: Owning the libs is the best 'fun' they can have.

[oldsoftie]

79. They'll still send them their money too.

Every day
Biggest con in history. Maybe not in dollar value (Madoff), but in scope

[Progressive Jones]

15. WTF ??? 8 months on a charge with a max of 20 yrs.

I question this judge's character as an American.

[Jay25]

18. I question his character as an actual human being.

[traitorsgalore]

21. Here's a quote from the judge:

“When a mob storms the Capitol, democracy is in trouble. The damage that they caused goes way beyond the delayed certification, it will last for decades,”

It sounds like the judge has character as an American.

[Ocelot II]

22. The judge would have applied the federal sentencing guidelines.

A maximum sentence is almost never imposed except in really extreme cases, and if this d-bag had no prior criminal record there's no way he'd be given a long sentence. I'm OK with it because any felony conviction is basically a sentence to not being able to vote or get a lot of jobs or own a gun - just a few of the many ways he's permanently fucked himself. And even eight months isn't a vacation. It's prison, which always sucks. And its purpose isn't revenge. I expect that the assholes who actually damaged the place and injured police officers will fare a lot worse.

[obamanut2012]

53. It was 18-20 months, not years

[Progressive Jones]

66. That was what the prosecution wanted, The article

states a max of 20 years.

[Fiendish Thingy]

16. Federal prosecutors requested 18 mos. - defendant was first to plead guilty to felony charges

IIRC, he was not charged with any violent offences.

This is a warning shot to the other defendants with non-violent charges- the sooner you plead guilty and show remorse, the lighter your sentence could be. Fight the charges and defend the Big Lie, you’ll do hard time.

[George II]

17. I'm satisfied with this. Maybe it will prompt some of the others to plead guilty too. One night...

...in prison has to be excruciating. Eight months or a little shorter is going to seem interminable.

His stupidity has probably ruined his life.

[Progressive Jones]

25. Weak sentence. Nothing satisfying about it. nt

[Ocelot II]

28. What would you have given him that would have been consistent

with the federal sentencing guidelines, given his criminal history score, nonviolent behavior and cooperation with prosecutors, and that wouldn't have resulted in an appeal?

[bottomofthehill]

59. On a max of 20 years and prosecution asking for 18 months

I would have sentenced 19 months to send the signal that Domestic Terrorism will not be tolerate. It was involved in an attack on the Capitol where people died. He was on the Floor of the Senate so was clearly directly responsible for the Senate going into recess this stopping the electoral college count process.

I would think that slightly more than what the prosecution was asking sends a message, I also think that sentencing less than half of what they were asking also sends a message that this was no big thing.

This man was involved and convicted in an act of domestic terrorism against the United States, terrorized thousands of people who work at the capitol and millions more watching on TV. To me, it warrants more than 8 months.

[Progressive Jones]

68. THEY ATTACKED THE UNITED STATES! These aren't pick pockets

These animals are enemies of the US.

[Bengus81]

70. Shit!! They tried to overthrow the Government,change an election and people DIED

This is punishment?? No the FUCK it isn't. These asshats are laughing at the system about now and will line up to do their 2-4 months when you subtract time served.

[Wuddles440]

89. The judge..

did a dramatic, downward departure form the sentencing guidelines and that sends the wrong message to the other insurrections. The prosecution did their job, but were sabotaged by the judge. Very disconcerting.

[getagrip_already]

26. he also got 24 months of supervised probation and a $2k fine....

Paul Hodgkins, a 38-year-old Tampa resident, was sentenced to 8 months in prison on Monday after previously pleading guilty to a single felony count of obstruction of an official proceeding. D.C. District Judge Randolph Moss also sentenced Hodgkins to 24 months of supervision after detention, on top of the already agreed-upon $2,000 in restitution and a promise to cooperate with federal prosecutors in their ongoing investigation into the riot.

And he is a cooperating witness... So he is providing info to feds

[obamanut2012]

54. Yup, which means drug tests and other restrictions

And, it looks like he has given the Feds some info.

[TexasTowelie]

73. He will probably have to pay about $50 a month for his probation meetings also.

There was no mention if he has any community service hours assessed. The news reports indicates that he was a apprentice mechanic and that he will end up losing his job.

[davsand]

74. I wondered if that played a role in him getting a shorter sentence. n/t

[Evolve Dammit]

29. Very disappointed. He will be a hero patriot for 35-40% of U.S. Nothing here to deter.

[old guy]

33. Correct.

I don't believe he will ever lack for job offers from like minded "patriots". Also, I have to say I'm not all that surprised.

[Evolve Dammit]

37. Probably have his own talk show or be a frequent guest on Fox.

[Dopers_Greed]

30. This sentence is nothing to sneeze at

I was worried he would just get off with probation.

I would be very, very scared if I were the other rioters with charges.

[oldsoftie]

36. Not to mention the record that stays with you. nt

[calimary]

41. STILL not enough!

[Jay25]

31. I guess the lessons to be learned is that justice is not blind, nor equal and

White lives are the only lives that matter, to the powers that be. Even to the detriment of a country.

[oldsoftie]

35. Now follow it up with a few 100 MORE.

People need to know there will be a long term consequence for such bullshit

[calimary]

42. A few hundred more MONTHS. To that kind of sentence, anyway.

[oldsoftie]

43. Having a felony record is serious business.

Most places you cant vote, own a gun, etc. Banks may look at it. Employers certainly do. I'm just glad its not "just" probation. They all need to spend SOME time in jail. Whether its as long as what i'd want doesnt matter as long as its SOMETHING. And the felony record may be worse than the jail time.

[Bengus81]

72. Look at how many of them are from Texas. They can have guns in three years,vote again etc....

That felony charge is meaningless and most of those asshats can apply for a job and brag about being a part of a insurrection and get hired in a second by like minded business owners in that State.

This is BULLSHIT..........

[oldsoftie]

78. Or he could have gotten probation. Which I expected.

I'll take jail even if its less than I'd like. And even in texas a felony hurts your job prospects Rich people arent going to hire this whiner. Hopefully the bigger fools WILL get a longer term

[Bengus81]

95. Gosh...now another Oath Keeper pleading guilty in about an hour.....

Just like I said yesterday,those TREASONOUS asshats are laughing their asses off and can't wait to get their lame as eight month sentence--which could be as little as 2-3 months to serve in a real prison after subtracting time served.

[LudwigPastorius]

44. I can't reconcile a "damage that will persist for...

for several decades” with eight months of prison time.


What the shit?

[Ocelot II]

48. Felony convictions also persist for a lifetime.

That millstone will hang around his neck forever, prison or no prison. There are a lot of bad consequences arising from felony convictions beyond a prison sentence - job opportunities being a really big one. Dude has fucked himself way beyond those eight months.

[LudwigPastorius]

55. I wouldn't be so sure about that.

There are going to be about 20 - 30% of the population that will see that felony conviction as a badge of honor. He’ll get job offers, and probably better ones than he had before he got on a bus to D.C.

All of these insurrectionists should, at the very least, be given the minimum recommended sentence.

[onecaliberal]

85. Potential employers do not see convicted felons as honorable.

Not sure that he will ever be gainfully employed again.

[rdking647]

45. one more asshole that cant own a gun anymore....

[rockfordfile]

51. he should never get out of prison. he's a traitor.

[Sibelius Fan]

57. Apparently, he appealed to the judge for no jail time as he is an apprentice mechanic

and this could “ruin his life.”

Judge basically said, sorry, you’re ruined.

At some point, one of these traitors is going to turn their anger against tRump. Being the darling of RW media for a few weeks or months is nothing compared to being a felon for the rest of your life.

[bucolic_frolic]

60. I'm very conflicted

I'm an American. I don't like to see people suffer. I want the state to be lenient, I don't want an embittered group of insurrectionists. I want them to be forced to reconsider and change their tune.

But I also want them to pay. $100 a month for the rest of their lives sounds cool to me.

8 months and no fines? Call me disappointed.

[Ocelot II]

71. He was also ordered to pay a $2,000 fine.

No defendant can be given a sentence that's not provided for in the statute according to which he was convicted, and calculated according to the sentencing guidelines. A lot of people are demanding that his head be impaled on a pike on the Capitol steps (figuratively), but if the statute under which he was charged and the relevant sentencing guidelines for a guy with no criminal record doesn't let us put his head on a pike (or throw him in prison for life), the judge has to follow the law. Or do we want judges to follow the law only when the law is on "our" side?

[Progressive Jones]

75. 10 years wouldn't be excessive. Sentencing guidelines aren't law. This is scum being coddled. nt

[Ocelot II]

76. They are guidelines but judges can't just ignore them.

Judges are required to consider them when determining a criminal defendant's sentence. When a judge determines within his discretion to depart from the Guidelines, the judge must explain what factors warranted the increased or decreased sentence. When a Court of Appeals reviews a sentence imposed through a proper application the Guidelines, it may presume the sentence is reasonable. Rita v. United States, 127 S.Ct. 2456 (2007).

[Progressive Jones]

77. I'd be interested to know what the "top end" of the sentencing guideline here was.

I don't like this leniency one bit.

[SayItLoud]

61. Be part of a bank robbery and someone is killed;

you are just as guilty as whomever committed killing.... even if you were "only" the driver of the getaway car.

American justice? It sucks.

[Paladin]

62. White male privilege. (nt)

[Roisin Ni Fiachra]

63. Another insurrectionist sentenced to a walk in the park for

attempting to overthrow the government.

[Vinca]

65. I suspect the people charged who have committed assault or are documented totally

trashing things in addition to this particular charge will face some longer jail sentences. Part of his light sentence probably had to do with pleading guilty and the whole mea culpa schtick. I hope he thinks of his orange idol every second he's in prison. Trump will think of him, too . . . NOT. Fore!

[Bengus81]

69. Mike Pillow needs to move the date of the next Government overthrow attempt to Oct/Nov

That way a bunch of these asshats time will be served and they can participate in the next one.

[clementine613]

86. 8 Months is not enough. He should be in for life...

... and have the key thrown away.

[inwiththenew]

88. They laid the hammer down

The only problem is it was a Lego figure sized hammer.

LOL, what a joke. I went to high school with a guy who got 10 months for breaking into an unoccupied commercial building.

[ShepKat]

90. 8 months for treason

That should be enough to embolden any domestic terrorist unless they are afraid of a slap on the wrist.