Richard “Bigo” Barnett, a notorious Jan. 6th rioter, is appealing his obstruction conviction and seeking early release from prison. The federal government has decided not to defend his conviction as he appeals, leaving him with seven convictions to address instead of eight. Barnett has appealed his case to the U.S. Circuit Court of Appeals for Washington, D.C., arguing that his appeal is meritorious.
In a recent court filing, Barnett’s defense attorney argued that a probationary report supports his request for early release, but he disagrees with the calculation of sentencing guidelines for his theft conviction related to the Jan. 6th riots. Barnett, who infamously posed with his foot propped on Nancy Pelosi’s desk during the riots, has been imprisoned in Seagoville, Texas.
A federal prosecutor has opposed Barnett’s early release, citing security concerns in the current political climate as the November presidential elections near. However, Barnett’s defense attorney argued that a downward departure or variance to time served is appropriate, given the circumstances of his case.
Despite his theft conviction for taking an envelope from Pelosi’s office, Barnett maintains that he only did so because he got blood on it from a cut and left a quarter to pay for it. He also carried a walking stick with a high-voltage stun gun inside the Capitol on the day of the riots. The defense contends that immediate release is appropriate in this case.
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