US Court Of Appeals Strikes Down Use Of Jail And Probation For Jan. 6 'Parading' Misdemeanor

A federal appeals court on Aug. 18 struck down the use of so-called "Split sentences" in Jan. 6 cases-imposing both prison and probation for petty-offense misdemeanors such as the often-used charge of "Parading, demonstrating, or picketing in a Capitol building."

The 2-1 ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit could affect a large number of Jan. 6 cases where the U.S. Department of Justice recommended-and district judges imposed-sentences with jail and probation for "Parading" convictions.

The Court of Appeals said the split sentence is not allowed.

"The only question on appeal is whether that sentence is authorized by statute. It is not," wrote Circuit Judge Justin R. Walker for the appeals court majority.

The Court of Appeals vacated Mr. Little's sentence and remanded the case back to U.S. District Court for resentencing.

The Court of Appeals said that under the Sentencing Reform Act of 1984, five options are available for convictions under the Federal Criminal Code: probation, a fine, imprisonment, probation with a fine, and imprisonment with a fine.

Mr. Little's conduct calls for imprisonment to reflect the seriousness of the crime, the judge said, but it also demands "Lengthier involvement from the court to afford adequate deterrence to criminal conduct and protect the public from further crimes of the defendant." 

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