In order to appeal a conviction, there must first be a conviction:I don't understand why this case was appealed then went to the Supreme Court.
‘“Instead of being tried under a broad, vague and unconstitutional statute, Mr. Daley has chosen to plead guilty and appeal the constitutionality of the statute” to the 4th U.S. Circuit Court of Appeals, said Daley’s attorney, Assistant Federal Public Defender Lisa Lorish.’
White supremacists plead guilty in Charlottesville riot
CHARLOTTESVILLE, Va. (AP) — Two members of a white supremacist group pleaded guilty Friday to federal rioting charges in connection with a white nationalist rally in Virginia and political rallies in California.
apnews.com
If the statute were to be found un-Constitutional, the conviction goes away, regardless how the men pleaded.