Appeals Court says "no" to jail time & probabation for Parading Misdemeanor

US Court of Appeals Strikes Down Use of Jail and Probation for Jan. 6 ‘Parading’ Misdemeanor

Three-judge panel rules out 'split sentence' for petty Capitol offense

The Court of Appeals said the split sentence is not allowed.

“The only question on appeal is whether that sentence is authorized by statute. It is not,” wrote Circuit Judge Justin R. Walker for the appeals court majority. “Probation and imprisonment are alternative sentences that cannot generally be combined. So the district court could not impose both for Little’s petty offense.”

Judge Walker—appointed to the bench by President Donald Trump—was joined by Senior Circuit Judge Judith Rogers—an appointee of President Bill Clinton—in the majority opinion. Dissenting was Circuit Judge Robert Wilkins, who was appointed by President Barack Obama.

The appeal involved the conviction of James Leslie Little, 52, of Claremont, North Carolina, on a single count of parading, demonstrating, or picketing in a Capitol building.

The Court of Appeals vacated Mr. Little’s sentence and remanded the case back to U.S. District Court for re-sentencing.

Parading is one of the most frequently charged crimes in Jan. 6 cases. Judges in U.S. District Court in Washington have disagreed on the use of split sentences for federal petty offenses. Some judges have refused to use split sentences even when encouraged to do so by federal prosecutors.

Epoch Times

There are still people rotting in the D.C. jail to this day. More than 1,033 people have been arrested for storming the U.S. Capitol building on Jan. 6, 2021, with charges ranging from obstruction of an official proceeding to assault. But 28 months after the protest, a significant number of rioters are still awaiting their sentencing.

Around 47% of those arrested—485 individuals—have received criminal sentences, while the rest are waiting for their trials or haven’t yet reached plea agreements. Recently the DOJ is seeking a 33 year prison sentence for the head of Proud Boys and he wasn't even at the Capitol.