Thread by @JordanOnRecord

Troy Smocks will be sentenced today at 1:45 p.m. for threats against Congress on Parler. The DOJ declined to ask for a specific sentence, instead asking that he be given time "in the low end" of the guideline range, which is 8-16 months. Docs: storage.courtlistener.com/recap/gov.usco… #CapitolRiot

https://twitter.com/JordanOnRecord/status/1443254275782627334

Troy Smocks' attorney, John Machado, argues the 9 months his client has already served is sufficient. He's asking for time served and for him to be removed from the "No-Fly" list. Docs: storage.courtlistener.com/recap/gov.usco…

Alright, the sentencing hearing for Troy Smocks is getting started before U.S. District Judge Tanya S. Chutkan. As stated above, if Chutkan hews to the requests from both the DOJ and the defense, it could result in a sentence of time served for Smocks.

Judge Chutkan says, in contrast to Troy Smocks' claims during his plea hearing, neither the probation office nor DoD were able to find evidence that he ever served in the U.S. Army.

Smocks' attorney, John Machado, says he has some presentencing report that rebuts that, but doesn't have it with him and apparently hasn't filed it with the court. Judge Chutkan is not impressed.

Troy Smocks pleaded guilty last month to posting multiple threats against Congress on Parler, including one urging others to "get our personal affairs in order" and then to "hunt these cowards down." He identified his targets as "RINOS, Dems and Tech Execs."

Judge Chutkan now has to decide whether to factor in a 2003 arrest for forgery. If she decides it is applicable, it will increase his criminal history category and, therefore, his recommended sentencing range.

She has decided not to do so, which makes his offense level 10 and his criminal history category II. His recommended sentencing range is thus 8-14 months. He has so far served 9 months in the D.C. Jail, and so could receive time served today.

Troy Smocks has a lengthy criminal history, including 18 prior convictions for everything from bank fraud to impersonating a federal officer.

Troy Smocks' attorney, John Machado, says his client didn't make threats against specific people, but rather groups of people.

"Members of Congress aren't people?" Judge Chutkan asks.

Machado says Smocks has a very supportive family. Says he's "basically lost everything he has in Texas" and plans on returning to Missouri to live with his extended family and his wife, who he married in 2019.

Machado asks Judge Chutkan to sentence Troy Smocks to time served, saying he's served "a particularly grueling nine months... and we think that's a sufficient deterrent."

Judge Chutkan: "Why would this period of 9 months be any different from other terms of incarceration?" Says he's been committing fraud and other crimes since he was 18 years old.

Machado: "Now he knows that there's a line that shouldn't be crossed."

Machado is speaking now but I can barely make it out.

Troy Smocks claims he's "the only Black person in America" in jail in connection with January 6, which is not true, as Judge Chutkan quickly points out. Mark Ponder appeared before her yesterday.

It's *so* hard to understand him, but it sounds like Troy Smocks is claiming the DOJ is treating him unfairly because he's Black, and is treating January 6 defendants in general unfairly.

Troy Smocks points out that the DOJ allowed Dawn Bancroft to plead guilty to a misdemeanor, despite actually entering the Capitol and recording a video saying she was looking for Pelosi to "put a friggin' bullet in her brain." wusa9.com/article/news/n…

"Your honor, this is racism," Troy Smocks says.

"I'm no Dr. King, that I know," Troy Smocks says. "But we do share the same skin color, and the same idea of justice."

Judge Chutkan: "Mr. Smocks, from the safety of his hotel room, had the nerve to call the people trying to defend the Capitol that day 'cowards.' He had the audacity to call the rioters 'patriots.'"

Judge Chutkan: "Coming into this courtroom and trying to make yourself out to be a victim of racism... I find that offensive. There are people who died for civil rights. For you to hold yourself up somehow as a soldier in that fight is really quite audacious."

Judge Chutkan, who is Black, says she has not seen "a scintilla of evidence" that prosecutors have been racially motivated in #CapitolRiot cases.

Judge Chutkan says Troy Smocks' record shows an "inability to live a law-abiding life."

"I listened to every word Mr. Smocks said, and nowhere did I hear a single word of remorse," Judge Chutkan says. "Not a single word of acknowledgement of the enormity and seriousness of what he did."

Judge Chutkan notes that she has given several misdemeanor defendants with no criminal history jail time in other #CapitolRiot cases.

🚨 SENTENCE: Judge Tanya S. Chutkan sentences Troy Smocks to 14 months in prison for threatening members of Congress on January 6. He will get credit for 9 months already served in the D.C. Jail. #CapitolRiot @wusa9 @EricFlackTV

Once released, Troy Smocks will have to serve (2 or 3, audio cut out) years of supervised release, which will include mandatory drug testing and computer monitoring.