January 6 defendants may go free after appeals court ruling
LARGO, Fla. - A major appeals court ruling could free hundreds of January 6 defendants convicted of storming the U.S. Capitol.
The decision says federal judges are making a mistake when they apply an enhancement to the defendant's sentence that adds more years behind bars. That mistake means hundreds of defendants now get a do-over on their sentencing.
Defense attorney Bjorn Brunvand represented January 6 rioter Robert Palmer from Largo, who is now serving a prison sentence.
RELATED: Polk County siblings among 3 arrested for Capitol Riot on third anniversary
He says the decision by the appeals court will affect many defendants who are currently serving time, like Lakeland resident Joshua Doolin. He was convicted last August for his involvement in the Capitol riot and is now serving an 18-month prison sentence.
Polk County resident Joshua Doolin is serving time for storming the Capitol on Jan. 6.
Doolin recently filed an appeal to cut his sentence and now with this new ruling he may get it.
"I would think he would amend that motion to include the argument that he should not have received the enhancement," explained Brunvand.
Essentially, the appeals court decision deals with the enhancement federal judges are using at sentencing hearings to tack on even more years behind bars. The ruling says judges are interpreting the three-level enhancement incorrectly.
READ: Capitol Riot 'Lectern Guy' sentenced to 75 days in prison, $5K fine
"Basically, what it says is there is a three-level enhancement under the guidelines that is inappropriate because the substantial interference had to do with interfering with the court system rather than with Congress," Brunvand stated.
File: Capitol riot
January 6 defendants could have their sentences cut by years.
"There are probably hundreds of cases that would be affected by this and can result in motions and resentencing and reductions of sentences and people being released from prison earlier than they otherwise would’ve been," Brunvand said.
SIGN UP: Click here to sign up for the FOX 13 daily newsletter