Published on: Thursday, August 24, 2023

When you start this D.C. Circuit opinion about a January 6 defendant's sentence, you might think it's about the Capitol riots. You will be disappointed (or delighted) to learn that it's actually a grammar lesson, complete with diagramed sentences. Seriously. Conclusion: This fellow can't be sentenced to both prison and probation for the same petty offense. Nice try on trying to “sidestep[] the bar on supervised release for petty offenders,” and “subject[] petty offenders to a term of post-confinement monitoring five time longer than the term imposed on some felons.” Dissent: C'mon! The word "same" at issue in the statute here is an adjective, not a pronoun.

The case is United States v. Little, 22-3018 (D.C. Cir. Aug. 18, 2023).