Court tosses Jan. 6 sentence in ruling that could affect 100 cases

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Megan Lebowitz is a politics reporter for NBC News.

WASHINGTON — A federal appeals court on Friday tossed out a portion of a Jan. 6 defendant's sentence that could affect more than a hundred other cases related to the 2021 attack on the Capitol. The ruling by a three-judge panel in Washington, D.C., looked at a lower court's 'enhanced' sentencing of a defendant over his “substantial interference with the administration of justice” on the day Congress was certifying Joe Biden's victory over Donald Trump.

“We must apply the Guideline as written, and Brock’s interference with one stage of the electoral college vote-counting process — while no doubt endangering our democratic processes and temporarily derailing Congress’s constitutional work — did not interfere with the ‘administration of justice,’” said the ruling, written by Judge Patricia A. Millett. Brock had been convicted of six charges, including “corruptly obstructing Congress’s certification of the electoral count.

 

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