Current:Home > ScamsCapitol rioter mistakenly released from prison after appeals court ruling, prosecutors say -Zenith Investment School
Capitol rioter mistakenly released from prison after appeals court ruling, prosecutors say
View
Date:2025-04-17 15:50:12
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! (5872)
Related
- Former longtime South Carolina congressman John Spratt dies at 82
- Larsa Pippen Traumatized By Michael Jordan's Comment About Her Relationship With His Son Marcus
- Thousands of authors urge AI companies to stop using work without permission
- More renters facing eviction have a right to a lawyer. Finding one can be hard
- The Grammy nominee you need to hear: Esperanza Spalding
- KitchenAid Mixer Flash Deal: Take $180 off During the Amazon Prime Day 2023 Sale
- The Pathway to 90% Clean Electricity Is Mostly Clear. The Last 10%, Not So Much
- Get That Vitamix Blender You’ve Always Wanted and Save 45% on Amazon Prime Day 2023
- Will the 'Yellowstone' finale be the last episode? What we know about Season 6, spinoffs
- Poll: Climate Change Is a Key Issue in the Midterm Elections Among Likely Voters of Color
Ranking
- Rylee Arnold Shares a Long
- At a Global Conference on Clean Energy, Granholm Announces Billions in Federal Aid for Carbon Capture and Emerging Technology
- Charli D'Amelio Shares 6 Deals You’ll Find in Her Amazon Cart for Prime Day 2023
- Prepare for Nostalgia: The OG Beverly Hills, 90210 Cast Is Reuniting at 90s Con
- $73.5M beach replenishment project starts in January at Jersey Shore
- Is Threads really a 'Twitter killer'? Here's what we know so far
- What to know about Prime, the Logan Paul drink that Sen. Schumer wants investigated
- Colson Whitehead channels the paranoia and fear of 1970s NYC in 'Crook Manifesto'
Recommendation
Former longtime South Carolina congressman John Spratt dies at 82
The rise of American natural gas
California Just Banned Gas-Powered Cars. Here’s Everything You Need to Know
Should we invest more in weather forecasting? It may save your life
Who's hosting 'Saturday Night Live' tonight? Musical guest, how to watch Dec. 14 episode
Surprise, you just signed a contract! How hidden contracts took over the internet
He had a plane to himself after an 18-hour delay. What happened next was a wild ride
Tom Cruise and Son Connor Cruise Make Rare Joint Outing Together in NYC