Court tosses Jan. 6 sentence in ruling that could impact other low-level Capitol riot cases

[Eugene]

Last edited Fri Aug 18, 2023, 08:02 PM - Edit history (1)

Source: Associated Press

A federal 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.

-snip-

BY ALANNA DURKIN RICHER
Updated 4:35 PM EDT, August 18, 2023


Read more: https://apnews.com/article/capitol-riot-appeals-court-new-sentence-defendant-doj-32c57b7cfa26be9c477fba4c9cbfa301

---

EDIT:

Court's opinion: 22-3018 - United States v. James Little

[sinkingfeeling]

1. Then extend the prison time or the years on probation.

[2naSalit]

2. +1

[dpibel]

3. Who appointed the majority?

Odd that the reporter thinks it's important to say that the dissenter in this 2-1 decision was appointed by Obama.

The other two? No matter, I guess...

[Marthe48]

4. Media does everything it can to make it political

The criminal went to D.C. to serve his traitor lord. He pleaded to a crime.

[sarcasmo]

15. $$$$$$$$$$$$$$$$

[Eugene]

6. From the court's finding...

Authored by: Justin R. Walker, appointed in 2020 by Donald Trump
Concurring: Judith W. Rogers, appointed in 1994 by Bill Clinton
Dissenting: Robert L. Wilkins, appointed in 2010 by Barack Obama

22-3018 - United States v. James Little

[dpibel]

7. Thanks

I was too lazy to look it up.

Still curious about the reporter's choice.

[NH Ethylene]

5. These people should be sentenced to no more or less than anyone else charged with the same crime.

If prosecutors want a stiffer punishment they could have just gone with the full 6 months of jail time allowed, rather than just 60 days.

[former9thward]

8. The judge sentences.

Not the prosecutors.

[Snooper9]

9. I'm not finding any of that in the actual law- 18 USC App Fed R Crim P Rule 58:

18 USC App Fed R Crim P Rule 58: Procedure for Misdemeanors and Other Petty Offenses

(3) Sentence. The court shall afford the defendant an opportunity to be heard in mitigation. The court shall then immediately proceed to sentence the defendant, except that in the discretion of the court, sentencing may be continued to allow an investigation by the probation service or submission of additional information by either party.


https://uscode.house.gov/view.xhtml?req=granuleid:USC-2000-title18a-node37-node110-rule58&num=0&edition=2000


From Title 18-Appendix
FEDERAL RULES OF CRIMINAL PROCEDURE
X. GENERAL PROVISIONS
Jump To:
Source Credit
Miscellaneous
Amendments
References In Text

[former9thward]

10. The court is correct.

18 U.S. Code § 3551 - Authorized sentences

(b)Individuals.—An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1)a term of probation as authorized by subchapter B;
(2)a fine as authorized by subchapter C; or
(3)a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

https://www.law.cornell.edu/uscode/text/18/3551

A judge can't mix and match jail with probation. They did in this case and it is incorrect.

[Hermit-The-Prog]

11. Thanks!

[riversedge]

12. Article says about 80 others have had these split sensences............

This case will open a can of worms that is for sure.





...............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...............................

[pazzyanne]

13. Agree totally with this...

"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."

[Farmer-Rick]

14. Exactly, it's how I saw it too

The federal court is making a comment on how sentencing can be handed out. It's not a comment on the Jan 6 criminality.

So not just Jan 6 individuals can be affected. If judges are routinely mixing and matching, then their cases should be affected too no matter what the crime.

Misleading headline

[ificandream]

16. Not seeing the issue here.

He pleads GUILTY and was sentenced to a short jail sentence and probation. What's the difference between this and other sentencing?