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

[EvilEyeFleegle]

Hey! Some good news for some of the lower-level defendants in the Jan. 6th affair. Appeals court has ruled that they were sentenced improperly, in their misdemeanor cases and has sent at least one of them back for re-sentencing. The gist is that they cannot be sentenced to both prison time and Probation. One..or the other. As most of them have already completed their time, the De Facto effect is to void their Probation. These are the little fish...let them swim free, I say.
The convictions stand, of course.

MSN

www.msn.com

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.
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.

 

[excalibur]

The dumbass trial judge, and then one Circuit judge (Obama's awful Wilkins) chose to ignore clear law over this sentencing.

“The only question on appeal is whether that sentence is authorized by statute. It is not,” wrote Circuit Judge Justin R. Walker for the appeals court majority. “Probation and imprisonment are alternative sentences that cannot generally be combined. So the district court could not impose both for Little’s petty offense.”

...

The Court of Appeals said that under the Sentencing Reform Act of 1984, five options are available for convictions under the Federal Criminal Code: probation, a fine, imprisonment, probation with a fine, and imprisonment with a fine.

“In other words, the Code’s text and structure show that probation and imprisonment may not be imposed as a single sentence,” the ruling said. “They are separate options on the menu.”

Sentencing rules allow judges to impose intermittent imprisonment—jail or home detention—as part of probation, the ruling said, but the federal code prohibits supervised release for petty offenses.​

US Court of Appeals Strikes Down Use of Jail and Probation for Jan. 6 ‘Parading’ Misdemeanor

A federal appeals court strikes down the use of “split sentences” in Jan. 6 cases—imposing jail time and probation for petty-offense misdemeanors such as “parading, demonstrating, or picketing in a Capitol building.”

www.theepochtimes.com

 

[themagadon]

How many of the guilty were in DC courts? They will all be dismissed.

 

[EvilEyeFleegle]

How many of the guilty were in DC courts? They will all be dismissed.

No. they will be re-sentenced--effectively ending their probation..the convictions stand..did you not read the OP?

 

[themagadon]

No. they will be re-sentenced--effectively ending their probation..the convictions stand..did you not read the OP?

How can they get a fair trial in DC? Relax Stalin.. I’m sure some will be found guilty,, but we can’t live in your ideal world of government killing your opponents.. because in the end you can’t beat us lol

 

[EvilEyeFleegle]

How can they get a fair trial in DC? Relax Stalin.. I’m sure some will be found guilty,, but we can’t live in your ideal world of government killing your opponents.. because in the end you can’t beat us lol

Good grief..can you not read? Most pled guilty years ago. You just get stuck on stupid and blurt out whatever the false narrative of the moment it, or what?

Small fish..catching a break. No probation.

Has nothing to do with trials.

 

[themagadon]

Good grief..can you not read? Most pled guilty years ago. You just get stuck on stupid and blurt out whatever the false narrative of the moment it, or what?

Small fish..catching a break. No probation.

Has nothing to do with trials.

Yes they couldn’t afford an attorney,, and the courts refused to let in evidence.

 

[EvilEyeFleegle]

Yes they couldn’t afford an attorney,, and the courts refused to let in evidence.

Right...do post the link proving that..idiot~

BTW..one wonders just what 'evidence' would prove that a man did not trespass...when he's in 44 videos..and posted himself in the Capital taking selfies?

 

[themagadon]

Right...do post the link proving that..idiot~

BTW..one wonders just what 'evidence' would prove that a man did not trespass...when he's in 44 videos..and posted himself in the Capital taking selfies?

How can you trespass in your own home? Lol capitol is owned by those men who actually work and contribute to society. Lol it was orchestrated by the federal government.. how come ray Epps never was subpoenaed ? That’s right Washington DC judges refuse to allow evidence into the jury.

 

[MarathonMike]

J6 is a dark stain on our country that will never be removed no matter how much White wash the Democrats spew.

 

[EvilEyeFleegle]

J6 is a dark stain on our country

Well..you got that part right, at least~

 

[MarathonMike]

Well..you got that part right, at least~

Taking political prisoners has NO PLACE IN AMERICA. That is line that was crossed in J6 by the Democrats. They are not an American Party.

 

[John Edgar Slow Horses]

It's a good ruling. No one walks free. They will be re-sentenced, and based on previous behavior, may get a better deal.

Can a MAGA learn? Amazing.

 

[bigrebnc1775]

The dumbass trial judge, and then one Circuit judge (Obama's awful Wilkins) chose to ignore clear law over this sentencing.

“The only question on appeal is whether that sentence is authorized by statute. It is not,” wrote Circuit Judge Justin R. Walker for the appeals court majority. “Probation and imprisonment are alternative sentences that cannot generally be combined. So the district court could not impose both for Little’s petty offense.”

...

The Court of Appeals said that under the Sentencing Reform Act of 1984, five options are available for convictions under the Federal Criminal Code: probation, a fine, imprisonment, probation with a fine, and imprisonment with a fine.

“In other words, the Code’s text and structure show that probation and imprisonment may not be imposed as a single sentence,” the ruling said. “They are separate options on the menu.”

Sentencing rules allow judges to impose intermittent imprisonment—jail or home detention—as part of probation, the ruling said, but the federal code prohibits supervised release for petty offenses.​

US Court of Appeals Strikes Down Use of Jail and Probation for Jan. 6 ‘Parading’ Misdemeanor

A federal appeals court strikes down the use of “split sentences” in Jan. 6 cases—imposing jail time and probation for petty-offense misdemeanors such as “parading, demonstrating, or picketing in a Capitol building.”

www.theepochtimes.com

Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.-

 

[EvilEyeFleegle]

The dumbass trial judge, and then one Circuit judge (Obama's awful Wilkins) chose to ignore clear law over this sentencing.

​

“The only question on appeal is whether that sentence is authorized by statute. It is not,” wrote Circuit Judge Justin R. Walker for the appeals court majority. “Probation and imprisonment are alternative sentences that cannot generally be combined. So the district court could not impose both for Little’s petty offense.”​

​

...​

​

The Court of Appeals said that under the Sentencing Reform Act of 1984, five options are available for convictions under the Federal Criminal Code: probation, a fine, imprisonment, probation with a fine, and imprisonment with a fine.​

​

“In other words, the Code’s text and structure show that probation and imprisonment may not be imposed as a single sentence,” the ruling said. “They are separate options on the menu.”​

​

Sentencing rules allow judges to impose intermittent imprisonment—jail or home detention—as part of probation, the ruling said, but the federal code prohibits supervised release for petty offenses.​

US Court of Appeals Strikes Down Use of Jail and Probation for Jan. 6 ‘Parading’ Misdemeanor

A federal appeals court strikes down the use of “split sentences” in Jan. 6 cases—imposing jail time and probation for petty-offense misdemeanors such as “parading, demonstrating, or picketing in a Capitol building.”

www.theepochtimes.com

So..you felt the need to say exactly what the OP did...and add link from the Epochtimes. I guess that makes it real to you?
LOL..just too funny~

 

[MarathonMike]

It's a good ruling. No one walks free. They will be re-sentenced, and based on previous behavior, may get a better deal.

Can a MAGA learn? Amazing.

The J6 Kangaroo Court is one of the worst chapters of our history. Democrats are the enemy of the people.

 

[Catsnmeters]

How can they get a fair trial in DC? Relax Stalin.. I’m sure some will be found guilty,, but we can’t live in your ideal world of government killing your opponents.. because in the end you can’t beat us lol

Where do you think a fair trial can be had?