Post: In a VERY Strange Turn of Events...

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In a VERY Strange Turn of Events...

By oldedude
August 22, 2023 1:26 pm
Category: Mythology
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So here starts the crack in the dam. Jail then probation after misdemeanors... Even Vlad knows better...

Some January 6 rioters’ sentences may be invalidated after appeals court ruling

A federal appeals court in Washington issued a ruling Friday that jeopardizes the sentences of some January 6 rioters who were convicted of misdemeanors for trespassing at the Capitol and were sentenced to both jail time and probation.

The ruling means sentences may need to be invalidated for some convicted January 6 rioters.

The 2-1 decision, delivered Friday by the DC Circuit federal appeals court, establishes how severe the punishments can be for January 6 rioters convicted of low-level charges.

The opinion by DC Circuit Judges Justin Walker and Judith Rogers determined that January 6 rioter James Little couldn’t receive a sentence of prison followed by probation – what is sometimes called a “split sentence” – for his petty offense.

“Probation and imprisonment are alternative sentences that cannot generally be combined,” the appeals court wrote.

Judges in DC’s federal trial-level courts had used these “split sentences” for low-level January 6 offenders to briefly jail them as punishment for their role in the historic attack on the Capitol and then to keep them on probation and under court supervision through the next election.

Cited and related links:

cnn.com

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Comments on "In a VERY Strange Turn of Events...":

by Curt_Anderson on August 22, 2023 2:08 pm
That is interesting. So the issue is split sentences, if I understand the ruling. Not sure why probation after prison time is a problem.

by HatetheSwamp on August 22, 2023 2:30 pm

The harsh treatment of J6 defendants is an old story. The only surprise here is that the DC Circuit was reasonable.

by oldedude on August 22, 2023 5:20 pm
Curt- The court says that it should be an "either" "or", not an "and."
So you either pick jail or probation. but legally on these charges, not both. I haven't heard of both in lower misdemeanors, but when they were sentenced, I thought it was within their guidelines. Apparently not. The guy in question was on probation until after this election. Misdemeanors may have probation of 6months- 1 year, and no jail. Or 30 days in jail for first offense.

by oldedude on August 22, 2023 5:38 pm
And the point really is that if these people were outside the bounds of the guidelines, then maybe the rest should be looked at. And if it's found THOSE were outside the guidelines, you may have a class action lawsuit against the court and the prosecutors. They won't get money, but they could pull down a judge and DC prosecutors. and (of course) whomever orchestrated this.

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