HAPPENING NOW: Sentencing underway for Guy Reffitt, 1st #Jan6 defendant to go to jury trial, which ended with five felony convictions. Among those charges: witness tampering for threatening his own son. Earlier: politi.co/3MzkCvy
Judge Friedrich says she concerned that govt request for 15 years is far beyond what others have gotten. Judge: 'His decision to exercise his constitutional right to go to trial should not result in a dramatically different sentence.'
Friedrich: 'The government is asking for a sentence that is three times as long as any other defendant and the defendant did not assault an officer.' She acknowledges he was convicted of being in possession of firearm on Capitol grounds.
Says it is 'close call,' but she will not apply the guidelines enhancement for taking a leadership role. Says his preparation is covered by other enhancement. We still haven't gotten to terror enhancement, but judge seems to be signaling that the rules overstate his role here
NEWS: Judge denies terrorism enhancement to sentence for Reffitt. Says it would cause 'unwarranted sentencing disparity' because prosecutors have not sought it in other Jan. 6 cases.
Friedrich, a Trump appointee, has not imposed sentence yet and court is in brief recess. This means Reffitt is likely to get a sentence similar to the most severe thus far in other Jan. 6 cases, which was 63 months.
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