A federal judge this week ordered the prison discharge of a , Sacramento, California, gentleman who breached the U. S. Capitol during the Jan. 6 protests, as a defense lawyer sought to abandon his sentence under a new Supreme Court decision narrowing the scope of a cost thousands of Jan. 6 accused experience.
Jorge Riley, a 46-year-old Army veteran and former accompanying minister of the , California Republican Assembly, pleaded guilty March 7, 2023, to a misdemeanor count of obstructing an official moving, which was the demand under query by the highest court. In a 6-3 decision, the U. S. Supreme Court ruled this charge should only apply to destroying or attempting to destroy , “records, documents, objects, or other things used in an official proceeding” , , which a defense attorney said Riley never did.
Judge Amit P. Mehta, a judge for the D.C. Circuit, has not yet decided whether to grant the motion for revocation. Riley will be released from the Federal Correctional Institution in Lompoc as Mehta decides whether to revoke his 18-month sentence, according to an order Mehta issued on Monday.
” Mr. Riley did not violate the law as it has been interpreted by the Supreme Court”, defense lawyer Tim Zindel wrote in his motion to vacate, while citing the Supreme Court decision, Fischer v. United States.
The U. S. Attorney’s Office in D. C. has until Thursday to file a response. A spokesperson on Wednesday did not respond to a request for comment seeking clarification of their position on the matter.
A combination of” circumstances” has made the sentence Riley served “plainly unfair” because he did not commit any violent or destructive acts, the motion said. According to Zindel, Riley was one of the first to enter the Senate and used to pose for pictures with protesters.
Prosecutors said Riley declared,” Joe Biden IS NOT MY PRESIDENT” leading up to his trip to D. C. on Jan. 6, 2021. He brought six ninja combat throwing knives, declaring” I’m going to war”, according to The Sacramento Bee’s previous reporting.
Zindel disputed his client brought weapons with him to Washington, D. C., according to previous reporting.
As one of the first people to enter the U.S. Capitol, Riley marched into the building with what he called “war paint.” He walked into then-House Speaker Nancy Pelosi’s office and refused to leave as police officers ordered, according to previous reporting.
But Riley never attacked any police officer, the defense lawyer said.
We hope they decide to overturn the conviction, and then we can all decide how to proceed, Zindel said on Wednesday. ” Jorge is a good and decent man, and he only asks that he be treated fairly.”
Two other Sacramento-area men were also charged in connection to the Jan. 6 riots.
Sean Michael McHugh, who used bear spray on police officers and encouraged rioters onward with a megaphone, was sentenced in September 2023 to 61/2 years in prison. He worked in Auburn as a contractor.
McHugh, 37, also got three years of supervised release and was ordered to pay a$ 5, 000 fine and$ 2, 000 in restitution to the Architect of the Capitol.
Due to McHugh’s ongoing imprisonment at the Federal Correctional Institution in Tucson, no motions have been filed.
Tommy Frederick Allan, who climbed the Capitol on a rope and snatched documents from the Senate chamber, received a sentence of 21 months in prison and three years of probation in December 2022. He was also ordered to pay a$ 100 fine and$ 2, 000 to the Architect of the Capitol.
Allan, 56, was released from prison in May, according to previous reporting.
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