Lots of new January 6 riot sentencings producing lots of notable new headlines and sentencing stories

In this post about a week ago, I flagged this CNN piece reporting on the first 50 sentences imposed on those convicted for federal crimes as part of the January 6 riot.  That article noted that sentences were still forthcoming in the most serious cases; one such case was sentenced yesterday setting a new “record” as reported in this Washington Post article headlined “Fla. man sentenced to 5 years for attacking police, the longest Jan. 6 riot sentence yet.”  Technically, the WaPo headline is off, as the defendant got sentenced to 63 months, and I am not too keen on at least one element accounting for the severity of this sentence: 

Robert S. Palmer, 54, of Largo, Fla., pleaded guilty in October to assaulting law enforcement officers with a dangerous weapon, and his original plea agreement called for a sentencing range of 46 to 57 months.  But after his plea, and his entry into the D.C. jail, Palmer arranged to make an online fundraising plea in which he said he did “go on the defense and throw a fire extinguisher at the police” after being shot with rubber bullets and tear gas.

That was a lie, Palmer admitted Friday.  He had thrown a fire extinguisher — twice — a large plank and then a four-to-five-foot pole at police before he was struck with one rubber bullet.  The falsehood indicated a failure to accept responsibility for his actions, prosecutors argued, and when U.S. District Judge Tanya S. Chutkan agreed, she increased his sentencing range to 63 to 78 months, ultimately imposing a 63-month term.

Based on the rest of the WaPo article, it seems as of the day of sentencing Palmer had truly accepted responsibility.  Though it is understandable that prosecutors and the sentencing judge may have considered previous statements trying to minimize his culpability as undercutting his claims of remorse, I find it troubling that Palmer ends up facing 1 to 2 years longer in a cage simply for a few stupid comments while trying to raise money for his defense.  I have long thought some prosecutors and judges are too eager to deny acceptance of responsibility credit under the guidelines based on a defendant’s dumb statement or two, and this case highlights the stakes potentially involved in doing so.

Palmer’s sentence, because of its length, generated the most recent January 6 sentencing headlines.  But I saw a few more notable headlines and stories this past week that seemed worth rounding up here:

“Judge: Lack of charges for Trump over Jan. 6 is no basis for leniency for others“

“New York man sentenced to nearly 3 years in prison for threatening Sen. Raphael Warnock“

“Judge goes beyond prosecutors’ request with sentence for Jan. 6 couple“

“Jan. 6 riot ‘not patriotism’ judge says in sentencing Ga. man“

“UK student gets 30-day sentence for involvement in Jan. 6 Capitol riot“

“Federal judge ordered Fort Pierce man to serve probation for activities at U.S. Capitol Jan. 6“

“Guardsman in Jan. 6 Mob Gets Probation, Still Serving in the Guard“