DC Court of Appeals Decision Could Cut Many J6 Defendants' Sentences By More Than Half.

"Administration of Justice" Means Criminal Justice System, Not Ceremonial Congressional Proceedings

This is taken from the United States Sentencing Guidelines. This Guideline — Sec. 2J1.2 — has been used by the Department of Justice and the United States District Court in the District of Columbia to determine the recommended “Guideline Range” for sentences that should apply to January 6 defendants convicted of a violation of 18 U.S.C. Sec. 1512(c)(2) — “Corruptly Obstructing an Official Proceeding.

For better or worse, I’ve spent the last 30+ years of my professional life dealing with the application of Sentencing Guideline provisions like this one to the “Offense Conduct” as that phrase is interpreted in federal law and the Guidelines. I remember my very first case grappling with the Sentencing Manual’s seemingly indecipherable permutations and variables, and thinking to myself “There is no way I’m ever going to figure this out.”