1:21-cr-00085
D.D.C.Feb 9, 2024Background
- John Strand was convicted by a jury on five charges related to his conduct at the U.S. Capitol on January 6, 2021, including one felony (obstruction of an official proceeding, 18 U.S.C. § 1512(c)(2)) and four misdemeanors.
- At sentencing, the court imposed a 32-month sentence, with concurrent lesser sentences for the misdemeanors. The offense level was calculated with a two-level enhancement for obstruction of justice due to untruthful trial testimony, but not for violent conduct.
- Strand has appealed, arguing the Supreme Court's review in Fischer v. United States could lead to reversal of his felony conviction and a new, lower sentence.
- Strand sought release pending appeal under 18 U.S.C. § 3143(b) and also requested a sentence reduction based on recent amendments for zero-point offenders under the guidelines.
- The court found Strand was not a flight risk or danger, but ruled that even if the felony conviction were reversed, Strand would likely receive a 12-month sentence on remand, exceeding the time he will have served before appeal resolution.
- The court denied both of Strand’s motions but left open the possibility for renewal after the Supreme Court decides Fischer.
Issues
| Issue | Strand's Argument | Government's Argument | Held |
|---|---|---|---|
| Release pending appeal (danger/flight risk) | Not a danger or flight risk; complied with all orders | Argues risk of flight based on some Jan 6 defendants’ conduct | Court finds Strand is not a flight risk or danger |
| Release pending appeal (substantial legal question) | Fischer creates substantial legal question and likely reversal | Does not dispute Fischer presents substantial question | Court agrees Fischer is a substantial legal question |
| Release pending appeal (would sentence be less than time served) | If felony conviction reversed, new sentence would be less than time served plus appeal duration | New sentence would be at least 12 months, more than time served by appeal resolution | Court finds new sentence would likely be 12 months; release denied |
| Sentence reduction for zero-point offender | Amendment applies retroactively to reduce guideline range below current sentence | Contends reduction inapplicable due to violent/threatening conduct | Court grants two-level reduction but finds 3553(a) factors do not warrant a sentence reduction |
Key Cases Cited
- United States v. Perholtz, 836 F.2d 554 (D.C. Cir. 1987) (Defines “substantial question” as a close legal question that could go either way)