- Larry Brock was sentenced to two years in prison for his role in the Capitol riot
- But an appeals court ruled Friday that his judge had erred by adding an “enhancement.”
- It paves the way for more rioters to appeal their sentences
A federal court on Friday ordered a new sentence for a retired Air Force officer who took part in the attack on the U.S. Capitol, in a ruling that could result in the sentences of dozens of other convicts being reduced.
Retired Lt. Col. Larry Brock, 57, rose to prominence on Jan. 6, 2021, when he was pictured in combat gear and carrying a discarded pair of zip-tie handcuffs on the Senate floor.
He was sentenced last year to two years in prison for obstructing Congress.
A Washington appeals court upheld the conviction, but said a judge improperly extended his sentence by an “enhancement” on the grounds that his conduct resulted in “substantial interference with the administration of justice.”
Enhancements can be used by courts to impose harsher sentences.
This image from Senate television video shows Larry Brock, right, on the floor of the Senate in the U.S. Capitol on January 6, 2021. The image was part of the case against him.
Patricia Hartman, a spokesperson for the U.S. attorney’s office in Washington, said the same enhancement had been used in more than 100 other convictions as of Jan. 6.
As a result, the ruling could pave the way for dozens of appeals for shorter sentences.
However, it was unclear whether Brock received a higher penalty because of the increase. Judges in Washington often say they would have handed down the same sentence with or without it.
His lawyers, like Donald Trump, who is facing charges over the day’s events, argued that Brock was not involved in any violence when the mob attacked the Capitol.
But the panel of appeal judges said that didn’t matter,
“Brock participated in a riot that sought to violently overturn the 2020 presidential election, and that he himself was willing to take violent action to achieve that goal,” they wrote, referring to his own social media posts.
“When a defendant declares his intention to use force to obstruct a proceeding in Congress, becomes adept at doing so, and then actually obstructs that proceeding, the evidence supports a finding that he acted with an impermissible purpose or with knowledge of the unlawfulness of his actions.’
But they agreed that the crimes committed on January 6 were not aimed at derailing the legal process.
“Brock’s interference in one phase of the Electoral College vote-counting process — while undoubtedly endangering our democratic processes and temporarily derailing the constitutional work of Congress — did not disrupt the ‘administration of justice,’” they concluded.
Brock was part of the mob that stormed the U.S. Capitol. But an appeals court said Friday he should be resentenced after a judge wrongly used an “enhancement” he committed in “substantial interference with the administration of justice.”
Brock is in custody in Missouri and is expected to be released in December
As a result, Brock, who has been incarcerated in Missouri and is expected to be released in December, will now be sentenced again.
Brock’s attorney estimated that the enhancement increased his sentence by nine months.
However, his sentence was at the low end of the range recommended by federal guidelines of 24 to 30 months. And sometimes, judges in Washington have said the enhancement made no difference to their sentencing.
Brock wore a helmet and tactical vest as he joined the mob that attacked the Capitol and entered the Senate floor just minutes after Vice President Mike Pence, senators and their staff evacuated the chamber.
Brock picked up a discarded pair of zip-tie handcuffs and was photographed in a widely shared photo holding the handcuffs on the Senate floor.
His attorney said in court filings that Brock did not pick up the handcuffs to cause harm.