A federal appeals court has directed reconsideration of the sentence for a North Carolina man who pleaded guilty to a minor offense during the January 6, 2021, Capitol riot. This ruling could potentially affect numerous low-level cases within the extensive prosecution of the January 6 events.
Court Orders Reevaluation of Sentence in Jan. 6 Capitol Riot Case, Raising Potential Impact on Other Similar Cases
The Washington appeals court ruled that James Little, who participated in entering the Capitol but refrained from engaging in violence or destruction, was improperly sentenced for a misdemeanor conviction that combined prison time with probation. The court found that the imposition of both probation and imprisonment as a unified sentence for a petty offense is not permissible, stating that distinct options are available. Judge Robert Wilkins, an appointee of former President Barack Obama, dissented from this decision.
The implications of this ruling extend to several Jan. 6 defendants who had been given “split sentences” for minor offenses. Over 80 individuals linked to the January 6 incident have received both prison terms and probation for the same misdemeanor charge as Little, according to an analysis by the Associated Press. However, this ruling’s practical impact may be limited, as most of these individuals have likely already served their prison sentences.
Little’s attorney had requested the appeals court to terminate his probation monitoring, given that he had already completed his 60-day prison term.
An attorney representing Little declined to comment on the ruling. The Justice Department has the option to appeal this decision. The U.S. attorney’s office in Washington stated that they are reviewing the court’s ruling to determine their subsequent steps.
Court Orders Reevaluation of Sentence in Jan. 6 Capitol Riot Case, Raising Potential Impact on Other Similar Cases
Certain judges who administered such combined sentences in misdemeanor cases underscored the importance of monitoring Jan. 6 defendants after their incarceration, to prevent any repeat of such behavior during future elections. During probation, defendants must report to a probation officer and adhere to specified conditions.
In the case of Little, U.S. District Judge Royce Lamberth, who handed down the original sentence, emphasized that the court needed to ensure that Little would not engage in comparable actions in future elections, suggesting that an extended period of probation is necessary.
During the January 6 incident, Little attended then-President Donald Trump’s speech and proceeded to the Capitol, where he interacted with other rioters and entered the Senate Gallery. After leaving the Capitol, he and other individuals prayed on the steps and sang “We’re Not Gonna Take It” by Twisted Sister.
The broader context involves over 1,000 individuals facing federal charges in connection with the January 6 riot. Approximately 600 of them have either pleaded guilty or been convicted through trials overseen by juries or judges. Over 600 have received sentences, with more than half being subjected to imprisonment durations ranging from three days to 18 years.
Reporting by Alanna Durkin Richer in Boston; contributions from Lindsay Whitehurst in Washington.