JUST IN: 1st prosecution appeal in a #CapitolRiot #J6 case. Feds appeal to DC Circuit re: Judge Colleen Kollar-Kotelly’s ruling that split sentences of a modest or lengthy jail term and probation are not allowed in misdemeanor cases. Decision: bit.ly/3uVtPaX
CKK initially sentenced Virginia Spencer to 90 days jail + 3 years probation, but after her attorney protested, agreed that split sentences are illegal in such circumstances and dropped the probation.
Some other judges have given home confinement or shorter terms in a halfway house along with probation and that practice will likely not be addressed in this appeal. Chief Judge Howell has griped about misdemeanor deals making judges choose between jail time and long supervision
One clarification: the fight is about petty offense misdemeanors, like parading in the Capitol, which carry up to 6 months in jail. In more serious misdemeanors that carry up to a year in jail, defendants are entitled to jury trials if they want them & split sentences are allowed
Why is DOJ appealing? Probably to get flexibility for judges in these petty-offense plea deals. But that’s my assumption. As with so much about #J6, official answer: No comment!
Addendum: DOJ official indicates this is a protective filing to preserve the government’s right to appeal should it choose to do so. Any appeal in a federal case requires approval of the Solicitor General and that often takes a while so sometimes government appeals protectively
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