Current:Home > reviewsCapitol rioter mistakenly released from prison after appeals court ruling, prosecutors say -NextFrontier Finance
Capitol rioter mistakenly released from prison after appeals court ruling, prosecutors say
View
Date:2025-04-16 13:14:23
The federal Bureau of Prisons mistakenly released an Iowa man from custody before he finished serving his 30-month sentence for storming the Senate chamber during a mob’s attack on the U.S. Capitol, Justice Department prosecutors said in a court filing this week.
Leo Christopher Kelly of Cedar Rapids was freed last Thursday after an appeals court agreed to throw out one of his convictions stemming from the Jan. 6, 2021, riot.
But prosecutors believe Kelly’s release was a mistake because he only served 11 months of his 30-month sentence. In a court filing Monday, they asked U.S. District Judge Royce Lamberth for a hearing to address Kelly’s release.
The Bureau of Prisons told The Associated Press that Kelly was “inadvertently released” last week after a “misinterpretation of a court order.” The bureau’s statement doesn’t elaborate on the reason for the error, but it says that Kelly, 39, reported to a probation officer “as instructed” and remains free while awaiting a resentencing hearing.
Prosecutors also are asking the judge to schedule a hearing for resentencing now that Kelly’s only felony conviction has been tossed by the federal appeals court for the District of Columbia circuit.
In May 2023, a jury convicted Kelly of all seven counts in his indictment. One of his convictions was for a charge that he obstructed an official proceeding, the Jan. 6 joint session of Congress for certifying President Joe Biden ‘s electoral victory over Donald Trump.
In June, however, the U.S. Supreme Court limited the government’s use of that obstruction charge. The justices ruled 6-3 that the charge of obstructing an official proceeding must include proof that defendants tried to tamper with or destroy documents.
After the ruling, prosecutors and defense attorney Nicholas Smith joined in asking the appeals court to vacate Kelly’s obstruction conviction. His remaining convictions were for misdemeanor offenses.
Smith declined to comment Tuesday on prosecutors’ filing.
Lamberth sentenced Kelly in August 2023 and refused to release him pending the outcome of his appeal. The judge indicated last month that he was unlikely to reduce Kelly’s sentence.
A Bureau of Prisons database doesn’t specify where Kelly was serving his sentence when he was released last week.
A day before the Jan. 6 riot, Kelly drove to Washington, D.C., to attend then-President Trump’s “Stop the Steal” rally near the White House. He marched to the Capitol, joined other rioters in entering the building and made his way to the Senate floor.
Kelly approached the dais where then-Vice President Mike Pence had just presided over the Senate. He took videos of documents on desks — including a ballot sheet, handwritten notes and a script — before police cleared the rioters out of the chamber.
Approximately 1,500 people have been charged with Capitol riot-related federal crimes. More than 600 of them have been convicted and sentenced to a term of imprisonment ranging from a few days to 22 years.
veryGood! (7)
Related
- Meet 11-year-old skateboarder Zheng Haohao, the youngest Olympian competing in Paris
- Iowa kicker Aaron Blom accused of betting on Hawkeyes football game
- DeSantis-controlled Disney World oversight district slashes diversity, equity initiatives
- Indianapolis officer fatally shoots fleeing motorist during brief foot chase
- Jury selection set for Monday for ex-politician accused of killing Las Vegas investigative reporter
- Trump attorney vows strong defense against latest indictment: We are in a constitutional abyss
- An end in sight for Hollywood's writers strike? Sides to meet for the first time in 3 months
- Orlando Magic make $50K donation to PAC supporting Ron DeSantis presidential campaign
- $73.5M beach replenishment project starts in January at Jersey Shore
- Kate Spade 24-Hour Flash Deal: Get This $330 Crossbody Bag for Just $69
Ranking
- US appeals court rejects Nasdaq’s diversity rules for company boards
- 13 injured in South Korea when a man rams a car onto a sidewalk, stabs pedestrians
- Legendary goalkeeper Gianluigi Buffon announces retirement after 28-year career
- U.S. Women’s World Cup tie with Portugal draws overnight audience of 1.35 million on Fox
- 'Stranger Things' prequel 'The First Shadow' is headed to Broadway
- Body found in Rio Grand buoy barrier, Mexico says
- ‘Barbie Botox’ trend has people breaking the bank to make necks longer. Is it worth it?
- Woman escapes kidnapper's cell in Oregon; FBI searching for more victims in other states
Recommendation
American news website Axios laying off dozens of employees
Texas Attorney General Ken Paxton to appear in Houston court hearing for his securities fraud trial
ACLU files lawsuit against drag show restrictions in Texas
Trump attorney vows strong defense against latest indictment: We are in a constitutional abyss
EU countries double down on a halt to Syrian asylum claims but will not yet send people back
Petting other people's dogs, even briefly, can boost your health
Ryan Koss, driver in crash that killed actor Treat Williams, charged with grossly negligent operation causing death
Florida set to execute inmate James Phillip Barnes in nurse’s 1988 hammer killing