Current:Home > reviewsCapitol rioter mistakenly released from prison after appeals court ruling, prosecutors say-DB Wealth Institute B2 Reviews & Ratings
Capitol rioter mistakenly released from prison after appeals court ruling, prosecutors say
lotradecoin fiat currency support View Date:2024-12-25 21:26:24
The federal Bureau of Prisons mistakenly released an Iowa man from custody before he finished serving his 30-month sentence for storming the Senate chamber during a mob’s attack on the U.S. Capitol, Justice Department prosecutors said in a court filing this week.
Leo Christopher Kelly of Cedar Rapids was freed last Thursday after an appeals court agreed to throw out one of his convictions stemming from the Jan. 6, 2021, riot.
But prosecutors believe Kelly’s release was a mistake because he only served 11 months of his 30-month sentence. In a court filing Monday, they asked U.S. District Judge Royce Lamberth for a hearing to address Kelly’s release.
The Bureau of Prisons told The Associated Press that Kelly was “inadvertently released” last week after a “misinterpretation of a court order.” The bureau’s statement doesn’t elaborate on the reason for the error, but it says that Kelly, 39, reported to a probation officer “as instructed” and remains free while awaiting a resentencing hearing.
Prosecutors also are asking the judge to schedule a hearing for resentencing now that Kelly’s only felony conviction has been tossed by the federal appeals court for the District of Columbia circuit.
In May 2023, a jury convicted Kelly of all seven counts in his indictment. One of his convictions was for a charge that he obstructed an official proceeding, the Jan. 6 joint session of Congress for certifying President Joe Biden ‘s electoral victory over Donald Trump.
In June, however, the U.S. Supreme Court limited the government’s use of that obstruction charge. The justices ruled 6-3 that the charge of obstructing an official proceeding must include proof that defendants tried to tamper with or destroy documents.
After the ruling, prosecutors and defense attorney Nicholas Smith joined in asking the appeals court to vacate Kelly’s obstruction conviction. His remaining convictions were for misdemeanor offenses.
Smith declined to comment Tuesday on prosecutors’ filing.
Lamberth sentenced Kelly in August 2023 and refused to release him pending the outcome of his appeal. The judge indicated last month that he was unlikely to reduce Kelly’s sentence.
A Bureau of Prisons database doesn’t specify where Kelly was serving his sentence when he was released last week.
A day before the Jan. 6 riot, Kelly drove to Washington, D.C., to attend then-President Trump’s “Stop the Steal” rally near the White House. He marched to the Capitol, joined other rioters in entering the building and made his way to the Senate floor.
Kelly approached the dais where then-Vice President Mike Pence had just presided over the Senate. He took videos of documents on desks — including a ballot sheet, handwritten notes and a script — before police cleared the rioters out of the chamber.
Approximately 1,500 people have been charged with Capitol riot-related federal crimes. More than 600 of them have been convicted and sentenced to a term of imprisonment ranging from a few days to 22 years.
veryGood! (5)
Related
- Red Cross blood inventory plummets 25% in July, impacted by heat and record low donations
- Man who lost son in Robb Elementary shooting criticizes Uvalde shirt sold at Walmart; store issues apology
- Netflix now has nearly 270 million subscribers after another strong showing to begin 2024
- Officer fatally shoots man who confronted him with knife, authorities say
- TikToker Nicole Renard Warren Claps Back Over Viral Firework Display at Baby’s Sex Reveal
- Amazon Prime's 'Fallout': One thing I wish they'd done differently
- District attorney says Memphis police officer may have been killed by friendly fire
- Jimmy Kimmel mocks Donald Trump for Oscars rant, reveals he may now host ceremony again
- Jackson City Councilwoman Angelique Lee resigns after federal bribery charge
- At least 135 dead in Pakistan and Afghanistan as flooding continues to slam region
Ranking
- The Notebook Actress Gena Rowlands Dead at 94
- Georgia governor signs income tax cuts as property tax measure heads to November ballot
- Powerball winning numbers for April 17 drawing: Lottery jackpot rises to $98 million
- The Latest | Officials at Group of Seven meeting call for new sanctions against Iran
- What Conservation Coalitions Have Learned from an Aspen Tree
- Michael Busch 'doing damage' for Chicago Cubs after being boxed out by superstars in LA
- Dickey Betts, Allman Brothers Band guitarist, dies at 80: 'Dickey was larger than life'
- High mercury levels in some Lake Maurepas fish bring meal restrictions, state officials say
Recommendation
-
Alabama lawyer accused of sexually assaulting handcuffed inmate, lawsuit says
-
Pepsi Lime or Pepsi Peach? 2 limited-edition sodas to make debut in time for summer
-
Nevada Supreme Court rulings hand setbacks to gun-right defenders and anti-abortion activists
-
Ahead of Season 2, How 'The Jinx' led to Robert Durst's long-awaited conviction
-
Kaley Cuoco and Tom Pelphrey announce engagement with new photos
-
Tennessee lawmakers approve $52.8B spending plan as hopes of school voucher agreement flounder
-
Prince William returns to official duties following Princess Kate's cancer revelation: Photos
-
Google fires 28 employees after protest against contract with Israeli government