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Iowa Man Mistakenly Released Before Completing Capitol Riot Sentence

In this image from Senate Television, Leo Christopher Kelly, walks on the floor in the Senate chamber Jan. 6, 2021, at the U.S. Capitol in Washington. The federal Bureau of Prisons mistakenly released

An Iowa man, who stormed the Senate chamber during the U.S. Capitol attack on January 6, 2021, was mistakenly released from federal custody before completing his 30-month sentence. The man, from Cedar Rapids, was freed after an appeals court overturned one of his convictions related to the riot. However, prosecutors argue that his release was premature as he had only served 11 months of his sentence.

The Bureau of Prisons acknowledged the error, attributing it to a misinterpretation of a court order. The man, aged 39, has been instructed to report to a probation officer while awaiting a resentencing hearing. Prosecutors are now seeking a hearing to address the release and to schedule a resentencing session following the overturned conviction.

The man was initially convicted on seven counts, including obstructing an official proceeding during the joint session of Congress to certify President Joe Biden's electoral victory. However, the U.S. Supreme Court's ruling limiting the use of the obstruction charge led to the appeals court vacating this conviction. The man's remaining convictions were for misdemeanor offenses.

The incident occurred when the man attended then-President Trump's rally in Washington, D.C., before joining other rioters in storming the Capitol. He proceeded to the Senate floor, capturing videos of documents before being cleared out by police. The judge had previously sentenced him and declined to release him pending appeal, indicating a reluctance to reduce his sentence.

Approximately 1,500 individuals have been charged in connection with the Capitol riot, with over 600 convicted and sentenced to varying prison terms. The Bureau of Prisons database does not specify the location where the man was serving his sentence before his inadvertent release.

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