Appeals court ruling that vacates Capitol rioter's sentence could impact dozens of Jan. 6 cases

A federal appeals court in Washington has ordered a new sentence for a retired Air Force officer who stormed the U.S. Capitol dressed in combat gear, in a ruling issued Friday that could impact dozens of other cases stemming from the Jan. 6, 2021, attack.

While a panel of the U.S. Court of Appeals for the D.C. Circuit upheld Larry Brock's conviction, the court said a judge wrongly applied an enhancement that lengthened the recommended prison sentence range under federal guidelines.

The enhancement — on the grounds that Brock's conduct resulted in “substantial interference with the administration of justice" — has been applied in more than 100 other Jan. 6 defendants' cases, said Patricia Hartman, a spokesperson for the Washington's U.S. attorney's office. If the ruling stands, those defendants who have not already completed their prison terms may push for new sentences.

When asked whether prosecutors will appeal the ruling, Hartman said they are considering their options.