Jan. 6 Convict Granted Early Release Following Resentencing

January 4, 2025 TruthUSA

Brian Mock’s conviction for obstruction has been recently overturned.

A Minnesota resident, whose obstruction conviction stemming from the events of January 6, 2021, was vacated following a U.S. Supreme Court decision that also ended his prison term on January 3.

During a hearing in Washington, U.S. District Judge James Boasberg resentenced Brian Mock to time served, as noted in the court docket.

The judge also imposed 24 months of supervised release on Mock, maintaining the same duration of supervised release as was originally determined.

Previously, on February 22, 2024, Mock was sentenced by the same judge to 33 months in prison after being found guilty on 11 counts, including assaulting, resisting, or impeding law enforcement during the January 6, 2021, assault on the U.S. Capitol. Prosecutors had sought a nine-year prison sentence, citing video evidence that depicted Mock assaulting officers outside the Capitol building.

Following Mock’s appeal, the Supreme Court narrowed the applications of a federal law pertaining to the obstruction of official proceedings, leading an appeals court to vacate Mock’s conviction among others.

The appeals court subsequently remanded the case to Boasberg for a new sentence.

Prior to Friday’s hearing, prosecutors contended that the judge should adhere to the initial sentence.

“At Mock’s original sentencing, the Court opted for a downward variance, determining a sentence deemed fair and just under the circumstances. While the government’s original recommendation was inconsistent with this outcome, the Court nonetheless accounted for the severity of the offenses and the background of the defendant,” prosecutors stated in a memorandum. “At resentencing, none of these factors have changed. In fact, the Court’s 33-month sentence remains substantially below the currently applicable guidelines, and any further reduction is simply unjustified.”

Mock was identified with the assistance of multiple individuals, including his son, as detailed in court records.

Following the Capitol breach, Mock reportedly stated on Facebook that he went to the Capitol “not knowing what to expect, and bade farewell to my four children, uncertain if I would return home.”

He continued: “I stood my ground and then some while witnessing Capitol Police mistreating women and elderly individuals.”

Prosecutors alleged that Mock assaulted four separate officers during the chaos and stole two police riot shields, describing him as “an eager and active participant in an extraordinary crime.”

Mock’s defense team argued in their filings that the judge should impose a sentence of time served, citing several factors, including a recent favorable cancer screening result for Mock.

The defense attorneys noted that Mock demonstrated exemplary behavior while incarcerated.

A representative from the U.S. Attorney’s Office for the District of Washington, responsible for prosecuting the case, declined to provide a comment. An inquiry directed to Mock’s attorney went unanswered.

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