Published on: Friday, March 1, 2024
The D.C. Circuit reaffirms that 18 U.S.C. § 1512(c)(2) indeed covers the sort of riotous acts undertaken on January 6, 2021, an issue that will be heard by the Supreme Court in its April argument sitting. So this particular former U.S. Air Force officer's conviction is affirmed. But his three-level sentencing enhancement for "substantial interference with the administration of justice" is vacated because the process they disrupted was legislative, not judicial. Two-year sentence vacated. Remanded for resentencing.
The case is United States v. Brock, 23-3045 (D.C. Cir. Mar. 1, 2024).