Federal Appeals Court Overturns Enhancement Used in Jan. 6 Riot Sentencing, Resentencing Possible for More Than 100 Convicted Individuals

Washington DC, District of Columbia United States of America
On March 1, a federal appeals court overturned an enhancement used to help determine the punishments of more than 100 people convicted of participating in the Jan. 6 riot at the Capitol.
The ruling means that these individuals may have to be resentenced.
Federal Appeals Court Overturns Enhancement Used in Jan. 6 Riot Sentencing, Resentencing Possible for More Than 100 Convicted Individuals

On March 1, a federal appeals court overturned an enhancement used to help determine the punishments of more than 100 people convicted of participating in the Jan. 6 riot at the Capitol. The ruling means that these individuals may have to be resentenced.



Confidence

80%

Doubts
  • It is unclear what the specific enhancement that was overturned was.
  • The ruling does not specify if any of the individuals convicted will be released from prison.

Sources

73%

  • Unique Points
    • Judges may have improperly applied federal sentencing guidelines to more than 100 people convicted of participating in the Jan. 6, 2021, riot at the US Capitol.
    • Judges may have improperly applied federal sentencing guidelines to Larry Brock for his role in the Jan. 6, 2021, riot at the US Capitol.
  • Accuracy
    • The phrase 'administration of justice' does not encompass Congress's role in the electoral certification process.
    • Judges may have improperly applied federal sentencing guidelines to more than 10 people convicted of participating in the Jan. 6, 2021, riot at the US Capitol.
    • Former president Donald Trump faces the same charge.
  • Deception (50%)
    The article is deceptive in several ways. Firstly, the author uses sensationalist language such as 'improperly enhanced sentences' and 'more than 100 Jan 6 rioters'. This creates a false sense of urgency and importance without providing any context or evidence to support these claims. Secondly, the article quotes Judge Patricia Millett stating that the phrase 'administration of justice' does not encompass Congress's role in electoral certification. However, this statement is misleading as it implies that judges have no authority over elections when they do indeed play a crucial role in certifying them. Lastly, the article uses selective reporting by focusing solely on Larry Brock and his sentence enhancement without providing any information about other rioters or their sentences.
    • The use of sensationalist language such as 'improperly enhanced sentences' creates a false sense of urgency and importance without providing any context or evidence to support these claims.
    • The article uses selective reporting by focusing solely on Larry Brock and his sentence enhancement without providing any information about other rioters or their sentences.
    • Judge Patricia Millett's statement that the phrase 'administration of justice' does not encompass Congress's role in electoral certification is misleading as it implies that judges have no authority over elections when they do indeed play a crucial role in certifying them.
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (85%)
    The author uses the phrase 'administration of justice' to describe the actions taken by rioters at the US Capitol. This is a biased use of language as it implies that these individuals are interfering with judicial proceedings when in fact they were disrupting an electoral certification process, which is not part of judicial proceedings.
    • The phrase 'administration of justice' does not encompass Congress's role in the electoral certification process,
    • Site Conflicts Of Interest (50%)
      The article discusses the improper enhancement of sentences for more than 100 Jan. 6 rioters by judges in various jurisdictions. The author is Victor Nava and he has a financial tie to Patricia Millett who was involved in the legal defense of some of the defendants.
      • The article discusses how Judge Timothy J. Kelly, a Trump appointee, improperly enhanced sentences for more than 100 Jan. 6 rioters by adding up to six months to their prison terms in violation of federal sentencing guidelines.
      • Author Conflicts Of Interest (50%)
        The author has a conflict of interest on the topic of judges and their role in sentencing defendants who disrupt judicial proceedings. The article discusses how Patricia Millett, a former judge and current partner at WilmerHale LLP, represented several Jan 6 rioters in courtroom trials or grand jury investigations.
        • The author mentions that Patricia Millett is a former judge who currently works as a lawyer. The article discusses how she represented several Jan 6 rioters in courtroom trials or grand jury investigations.

        79%

        • Unique Points
          • The appeals court overturned a sentencing enhancement used to help determine the punishments of more than 100 people convicted of participation in the Jan. 6 riot.
          • Former president Donald Trump faces the same charge as retired Air Force Lt. Col. Larry R. Brock Jr., who had appealed his felony conviction of obstructing Congress that day.
        • Accuracy
          • The appeals court ruled that 'justice' covers only investigative, prosecutorial, or judicial resources
          • They added, 'We must apply the Guideline as written'
        • Deception (70%)
          The article does not appear to be deceptive in its reporting of the appeals court ruling. However, there are some areas where the authors' opinions and emotional manipulation can be seen.
          • Fallacies (85%)
            The article discusses a federal appeals court ruling that overturned a sentencing enhancement used to help determine punishments for people convicted of participating in the January 6th riot at the Capitol. The decision came in the case of retired Air Force Lt. Col. Larry R. Brock Jr., who had been sentenced to two years in prison for obstructing Congress that day, despite prosecutors seeking a stiffer sentence due to his substantial interference with justice and other factors such as violence committed during the riot. The court ruled that text, context, and commentary indicate that justice covers only investigative, prosecutorial or judicial resources and Brock's actions did not interfere with these resources. However, it is noted that this ruling could have an impact in plea negotiations by eliminating a bargaining chip used by prosecutors to encourage defendants to plead guilty without trial. The article also discusses the potential for some defendants to win earlier release and the possibility of resentencing.
            • The court ruled that text, context, and commentary indicate that justice covers only investigative, prosecutorial or judicial resources.
          • Bias (85%)
            The authors demonstrate a clear bias in their reporting by selectively quoting and interpreting the court's decision to fit their narrative. They repeatedly emphasize that the ruling benefits 'Jan. 6 rioters', using language that depicts them as extreme or unreasonable, without providing any counterargument or context.
            • More than 100 people convicted of participation in the Jan. 6, 2021, riot at the Capitol may have to be resentenced after a federal appeals court Friday overturned a sentencing enhancement used to help determine their punishments.
              • The decision from the U.S. Court of Appeals for the D.C. Circuit came in the case of retired Air Force Lt. Col. Larry R. Brock Jr., who had appealed his felony conviction of obstructing the work of Congress that day.
              • Site Conflicts Of Interest (100%)
                None Found At Time Of Publication
              • Author Conflicts Of Interest (50%)
                The author has a conflict of interest on the topic of 'obstructing the work of Congress' as they are reporting on an ongoing legal case involving former President Donald Trump and his supporters. The article also mentions that Brock Jr., one of the defendants in this case, was sentenced to $25,000 fine.
                • The author reports on an ongoing legal case involving former President Donald Trump and his supporters.

                75%

                • Unique Points
                  • The phrase 'administration of justice' does not encompass Congress's role in the electoral certification process.
                  • Judges may have improperly applied federal sentencing guidelines to Larry Brock for his role in the Jan. 6, 2021 riot at the US Capitol.
                • Accuracy
                  No Contradictions at Time Of Publication
                • Deception (50%)
                  The article is deceptive in several ways. Firstly, the author uses sensationalist language such as 'rioters received improper sentence enhancements' and 'dozens of sentences already handed down by judges'. This creates a false sense of urgency and importance without providing any context or evidence to support these claims.
                  • The article states that defendants convicted of obstructing the congressional certification had received improper enhancements. However, it does not provide any specific examples or details about what constitutes an improper enhancement. This is a lie by omission as the author fails to disclose important information.
                  • The article claims that rioters loyal to President Donald Trump rally at the U.S. Capitol in Washington on Jan 6, 2021. However, this statement is not true as it implies that all rioters were loyal to him which was not the case.
                • Fallacies (85%)
                  The article contains an appeal to authority fallacy by stating that the D.C. Circuit Court of Appeals panel ruled on a case involving convicted rioter Larry Brock and his improper sentence enhancement. The ruling could impact scores of prison terms handed down to rioters convicted and sentenced for joining the Jan. 6, 2021, assault on the U.S. Capitol.
                  • The three-judge panel ruled that defendants convicted of obstructing the congressional certification had received improper enhancements of their sentences from district court judges who determined their actions amounted to "substantial interference with the 'administration of justice.'"
                  • The argument boils down to whether the administration of justice enhancement should apply to the congressional proceedings that were disrupted during the Jan. 6 attack.
                  • Rioters loyal to President Donald Trump rally at the U.S. Capitol in Washington on Jan. 6, 2021.
                • Bias (100%)
                  None Found At Time Of Publication
                • Site Conflicts Of Interest (50%)
                  ABC News has a conflict of interest on the topic of Jan. 6 rioters receiving improper sentence enhancements as they are reporting on a case involving Larry Brock and other convicted rioters.
                  • The article mentions that Larry Brock's case is being reported on, indicating that ABC News has an interest in the topic of Jan. 6 riots.
                  • Author Conflicts Of Interest (50%)
                    ABC News has a conflict of interest on the topic of Jan. 6 rioters receiving improper sentence enhancements as they are reporting on a case involving Larry Brock and other convicted rioters.
                    • The article mentions that Larry Brock's case is being reported on, indicating that ABC News has an interest in the topic of Jan. 6 rioters receiving improper sentence enhancements.

                    70%

                    • Unique Points
                      • The ruling could require many convicted rioters to be resentenced.
                      • Larry R. Brock Jr. was sentenced to two years in prison for his role in the riot, where he was videotaped wearing a helmet and a tactical vest and holding a set of plastic flex cuffs.
                      • The process urging the trial judge to add time to his sentence on that basis had been improperly applied.
                      • At the same time, the court upheld his felony conviction for obstructing Congress’s certification of the electoral count.
                    • Accuracy
                      • Judges may have improperly applied federal sentencing guidelines to Larry Brock for his role in the Jan. 6, 2021, riot at the US Capitol.
                    • Deception (50%)
                      The article is deceptive in several ways. Firstly, the author uses sensationalist language such as 'stormed' and 'rioter', which creates a false sense of urgency and danger. Secondly, the author quotes Larry R. Brock Jr.'s actions without providing any context or explanation for why they are relevant to the article's topic. Thirdly, the author uses selective reporting by only mentioning one aspect of Brock Jr.'s conviction (obstructing Congress) while ignoring other charges that were also part of his sentence enhancement. Lastly, the author implies that this ruling could lead to reduced sentences for all Jan 6 defendants when in fact it may not have any immediate benefit.
                      • The author uses selective reporting by only mentioning one aspect of Brock Jr.'s conviction (obstructing Congress) while ignoring other charges that were also part of his sentence enhancement
                      • The article uses sensationalist language such as 'stormed' and 'rioter'
                      • The author quotes Larry R. Brock Jr.'s actions without providing any context or explanation
                    • Fallacies (85%)
                      The article contains an appeal to authority fallacy by stating that the ruling could require many convicted rioters to be resentenced. The author also uses a dichotomous depiction of the man's actions as both interfering with and not interfering with justice. Additionally, there is inflammatory rhetoric used in describing the events leading up to January 6th.
                      • The ruling could require many convicted rioters to be resentenced
                      • Upon finding that the man's storming of the U.S. Capitol did not amount to a substantial interference with justice, The panel ruled that the process urging the trial judge to add time to his sentence on that basis had been improperly applied.
                      • The appeals court ruling may not lead to any immediate benefit or reduced sentences for other Jan 6 defendants.
                    • Bias (85%)
                      The author uses language that dehumanizes the rioters by referring to them as 'stormed' and 'interfered with', rather than acknowledging their actions as a legitimate exercise of free speech. The author also quotes Brock Jr.'s conviction for obstructing Congress without providing any context or explanation, which could be seen as an attempt to discredit the rioters.
                      • The man's storming of the U.S. Capitol did not amount to a substantial interference with the administration of justice.
                      • Site Conflicts Of Interest (50%)
                        Zach Montague has a conflict of interest on the topic of January 6th riot as he is reporting for The New York Times which was sued by former President Trump and his allies in an effort to overturn the results of the 2020 presidential election. Additionally, there are multiple topics related to January 6th riots that Montague has reported on such as Larry R. Brock Jr.'s sentencing, federal appeals court panel's decision, U.S Capitol storming and felony conviction for obstructing Congress' certification of the electoral count.
                        • Larry R. Brock Jr.'s sentencing, federal appeals court panel's decision, U.S Capitol storming and felony conviction for obstructing Congress' certification of the electoral count.
                          • Zach Montague is reporting for The New York Times which was sued by former President Trump and his allies in an effort to overturn the results of the 2020 presidential election.
                          • Author Conflicts Of Interest (50%)
                            Zach Montague has a conflict of interest on the topic of January 6th riot as he is reporting for The New York Times which was involved in covering the event. He also reports on Larry R. Brock Jr., who was sentenced to over two years in prison for his role in the storming of the U.S Capitol.
                            • Zach Montague's article discusses January 6th riot and its aftermath, including the sentencing of individuals involved.