Prosecutors suggest Jan. 6 rioter’s possible desire for extended sentence, citing affinity for confinement

Federal Prosecutors Oppose Delay in Sentencing for Jan. 6 Rioter

Federal prosecutors are urging a judge to reject a Jan. 6 rioter’s request to postpone his sentencing, arguing that the defendant may be attempting to remain in custody. The defendant, Brandon Fellows, represented himself at trial and expressed his admiration for the events of Jan. 6, stating that it was a “beautiful day” and that he enjoyed seeing the fear in the senators’ and congressmen’s eyes. He has been in jail since July 2021, and his sentencing hearing is scheduled for Feb. 29, with prosecutors seeking 37 months in prison.

Prosecutors Warn of Extended Incarceration

If Fellows’ sentencing is further delayed as he has requested, there is a possibility that he could end up serving more time in jail than his ultimate sentence. This could even exceed the three-year prison term sought by the prosecutors. Prosecutors emphasized that prolonging the sentencing process would not serve the interests of justice. However, they noted that Fellows has previously expressed no rush to proceed to sentencing and may be deliberately seeking to remain incarcerated.

Request for Delay Based on Potential Supreme Court Ruling

Brandon Fellows, in a self-authored memo, requested the postponement of his sentencing until the Supreme Court rules on another Jan. 6 case that could impact one of the charges against him. He referred to the presiding judge, Trevor McFadden, as “corrupt” and a “modern-day Nazi judge” in his memo. Fellows also praised the Bureau of Prisons facilities where he was previously held, describing them as “awesome and very fun.” He preferred prison over jail due to the availability of amenities like weight rooms, classes, and better food options.

Defendant’s Background and Behavior

During his trial, Fellows revealed that he is on the autism spectrum and has been diagnosed with Asperger’s syndrome and attention-deficit/hyperactivity disorder (ADHD). Prosecutors have accused Fellows of lacking remorse for his actions and showing disrespect toward the court and the rule of law. They presented evidence that he cheered on the mob on Jan. 6, smoked marijuana in Sen. Jeff Merkley’s office, and heckled police officers protecting the Capitol building. In social media posts, Fellows expressed joy at seeing members of Congress terrified for their lives and hoped they would live in constant fear.

Prosecution’s Position and the Defendant’s Conduct

Prosecutors argue that a 37-month prison sentence is justified given the seriousness of Fellows’ conduct, his persistent lack of remorse, and his disdain for the court and the rule of law. They assert that Fellows has consistently maintained that his actions were legal and justified, even though he knows they were not. They also highlight Fellows’ behavior after his arrest, noting that he chuckled and requested a Sharpie to write “liberty” on his forehead for his mugshot. When the verdict was announced at his trial, Fellows interrupted the jury foreperson, yelling, “This is how you radicalize people!”

More than 1,250 individuals have been charged in connection with the Jan. 6 attack on the U.S. Capitol, and approximately 900 convictions have been secured by federal prosecutors.

Read More of this Story at – 2024-02-01 22:30:03

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