Well...looks like a lot of those obstruction charges might not stand.....I'm OK with it. People all did some time..and that should stick with them next time they act the ass.
A man convicted of charges related to the January 6, 2021, riot at the U.S. Capitol is getting out of jail early due to the Supreme Court taking up a case that may affect the sentences of hundreds of defendants.
Kevin Seefried, a man from Laurel, Delaware, was sentenced to three years in prison for a felony conviction of obstruction of an official proceeding, as well as 12 months and six months for misdemeanor charges. The Department of Justice said that Seefried, as well as his son Hunter, were among the first to enter the Capitol and were photographed carrying a Confederate flag while inside.
On Tuesday, Judge Trevor McFadden ruled that Seefried can be released from his prison sentence awaiting the court's decision.
According to court documents, McFadden determined that Seefried does not pose a flight risk or a danger to his community and that his appeal was not "for the purpose of delay and raises a substantial question" that is likely to result in a reversal, new trial, a noncustodial sentence, or a custodial sentence that will have ended by the time the appeal is decided.
He noted that at least four Supreme Court justices are interested in taking up the challenge to the DOJ's obstruction charge use and that if the court rules In Fischer's favor, "it will almost certainly mean that Seefried's analogous conduct" did not violate the obstruction law.
"In that case, Seefried will be left serving only his sentences for the four misdemeanor convictions. But, by the time his appeal has concluded, those custodial sentences will have likely concluded," he wrote.
However, he wrote that his sentence for his misdemeanor charges would be over by May 31, 2024, and that he should, therefore, be released on or around that date, ruling that "one-year sentence is likely adequate."
A man convicted of charges related to the January 6, 2021, riot at the U.S. Capitol is getting out of jail early due to the Supreme Court taking up a case that may affect the sentences of hundreds of defendants.
Kevin Seefried, a man from Laurel, Delaware, was sentenced to three years in prison for a felony conviction of obstruction of an official proceeding, as well as 12 months and six months for misdemeanor charges. The Department of Justice said that Seefried, as well as his son Hunter, were among the first to enter the Capitol and were photographed carrying a Confederate flag while inside.
On Tuesday, Judge Trevor McFadden ruled that Seefried can be released from his prison sentence awaiting the court's decision.
According to court documents, McFadden determined that Seefried does not pose a flight risk or a danger to his community and that his appeal was not "for the purpose of delay and raises a substantial question" that is likely to result in a reversal, new trial, a noncustodial sentence, or a custodial sentence that will have ended by the time the appeal is decided.
He noted that at least four Supreme Court justices are interested in taking up the challenge to the DOJ's obstruction charge use and that if the court rules In Fischer's favor, "it will almost certainly mean that Seefried's analogous conduct" did not violate the obstruction law.
"In that case, Seefried will be left serving only his sentences for the four misdemeanor convictions. But, by the time his appeal has concluded, those custodial sentences will have likely concluded," he wrote.
However, he wrote that his sentence for his misdemeanor charges would be over by May 31, 2024, and that he should, therefore, be released on or around that date, ruling that "one-year sentence is likely adequate."
