The U.S. Court of Appeals for the D.C. Circuit ruled Friday that the sentence of January 6 defendant Larry Rendall Brock should not have been increased for "interference with the administration of justice," a ruling that could impact dozens of other January 6 defendants whose sentences were similarly increased. 

The court ordered a new sentence for Brock, a retired Air Force officer who showed up to court in military combat gear.

Brock is in the middle of serving a two-year sentence for his part in the Capitol breach, and is scheduled to be released in December.

Circuit Judge Patricia Millet wrote in the opinion that interference did not apply to a sentence enhancement.

Sentence not valid

"Brock’s interference with one stage of the Electoral College vote-counting process— while no doubt endangering our democratic processes and temporarily derailing Congress’s constitutional work—did not interfere with the ‘administration of justice,’" the opinion read.

Prosecutors previously argued that the defendants interfered in the certification of electoral votes that was happening in the Senate the time of the breach.

The certification was delayed a few hours when the Senate chamber was evacuated during the breach, but it did take place later after the Capitol was cleared.

It is unclear whether the protesters who breached the Capitol that day intended to disrupt the vote certification, or exactly why they did what they did.

According to the AP report, the same enhancement has been applied to more than 100 other January 6 defendants' sentences.

Supreme Court to rule on similar issue

All of these could now be resentenced because of this ruling, if it stands. Prosecutors have not yet decided whether to appeal.

The extent to which the sentences would be reduced is not known. Brock was already sentenced at the low end of the sentencing guideline, with the enhancement, which was 24 to 30 months.

The same felony interference or obstruction charge will be looked at by the Supreme Court in the coming months, and could affect hundreds of January 6 defendants who have not yet been sentenced.

Given that most of these defendants should have been cited for trespassing and fined, the sentences they are receiving seem steep.

After more than two years, many of the defendants are still awaiting trials and sentencing, which also seems excessive for what most of them did, which was enter the Capitol when they weren't supposed to, wander around for a few minutes, and then leave.