Appeals Court Overturns Jan. 6 Felonies For A Dozen People

Appeals Court Overturns Jan. 6 Felonies For A Dozen People


A U.S. appeals court has overturned the felony convictions of 12 individuals involved in the January 6, 2021, breach of the U.S. Capitol, a decision likely to lead to the release of many of these prisoners.

On Monday, the U.S. Court of Appeals for the District of Columbia Circuit invalidated convictions for obstructing an official proceeding, a decision that follows the U.S. Supreme Court’s summer ruling in Fischer v. United States, which found that prosecutors had been interpreting the law too broadly, potentially criminalizing a wide range of routine activities and subjecting activists and lobbyists to lengthy prison terms.

U.S. Circuit Judges Patricia A. Millett, Cornelia T.L. Pillard, and Florence Y. Pan issued brief per curiam orders to vacate the convictions and remanded the cases to district court judges for further proceedings.

Among those affected is Guy Reffitt, the first January 6 defendant convicted by a jury, whose obstruction convictions were also overturned. Reffitt’s lawyers highlighted the Supreme Court ruling and a March decision by the District of Columbia Circuit that struck down a sentencing enhancement for another January 6 defendant in their recent motions.

“Fischer requires reversal of Mr. Reffitt’s conviction on count 2,” or the obstruction charge, the lawyers said in a July filing.

Prosecutors initially sought additional time to evaluate the Supreme Court’s ruling. However, in August, they filed joint motions with defense lawyers in a dozen cases, requesting that the courts overturn the obstruction charges. In over half of these cases, the obstruction charge was the sole felony conviction. Some of those convicted have been serving prison sentences for years now, The Epoch Times reported.

Following the appeals court’s decision, district court judges will conduct resentencing hearings for the affected cases. U.S. District Judge Dabney L. Friedrich is managing Reffitt’s case.

Reffitt has been behind bars since January 16, 2021, and his attorneys have informed the appeals court that he has likely served more time than he would have if he had been sentenced solely for the obstruction count.

The appeals court vacating the count “will result in a resentencing hearing where we hope Judge Friedrich will reduce Mr. Reffitt’s sentencing in light of the decisions by the United States Supreme Court and the Court of Appeals,” Clint Broden, a lawyer representing Reffitt, told The Epoch Times.


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