SACRAMENTO, Calif. — A federal judge granted a Sacramento man’s request to be released from prison, Friday.
Jorge Riley, 46, was sentenced last year to 18 months in federal prison for his role in the Jan. 6, 2021 insurrection at the U.S. Capitol. So far, he has served 14 of those months.
A recent U.S. Supreme Court decision changed things for Riley and prompted his attorney to ask the federal judge overseeing Riley’s case to remove the conviction and immediately release him from prison in the meantime. The judge granted that release request Friday. The question of removing Riley’s conviction is still in a legal fight.
On June 28, the U.S. Supreme Court released its decision in Fischer v. United States. With a 6-3 vote, a majority of the justices decided the law many participants of the Jan. 6, 2021 Capitol attacks are charged with or - at this point - convicted of, which bars obstruction of an official proceeding, “is limited to acts related to tampering with investigations and evidence, such as destruction of records or documents, in official proceedings,” as SCOTUSblog.com puts it.
In other words, storming the Capitol in and of itself might not rise to the level of violating that law.
In a plea agreement, Riley admitted to entering the Capitol as part of a mob that pushed past law enforcement officers during the insurrection. He pleaded guilty to one count of “Obstruction of an Official Proceeding and Aiding and Abetting.” In exchange, federal prosecutors dropped additional charges against him.
Riley and his attorney argue that since ‘obstruction of an official proceeding’ is the only charge of which he is convicted, it no longer applies – per the Supreme Court decision – and his conviction should therefore be removed.
Riley’s attorney, Tim Zindel, filed two motions earlier this week: one to vacate Riley’s sentence – essentially asking to remove his conviction – and the other to release Riley from custody pending the outcome of that conviction decision.
“Mr. Riley is one of at least two dozen, and perhaps several hundred, persons whose convictions of violating 18 U.S.C. § 1512(c)(2) have been effectively nullified, at least in principle, by the Supreme Court’s decision in Fischer v. United States,” Zindel wrote this week in his memorandum in support of the motion to vacate Riley’s sentence. “The Court should set side Mr. Riley’s sentence and discharge him.”
Federal prosecutors did not object to Riley’s release from prison for now, though they do strongly object to the motion to vacate his sentence.
As such, U.S. District Court Judge Amit Mehta ordered Riley released from Lompoc (FCI Lompoc), a federal prison in Santa Barbara County, effective Friday.
“We were very pleased that the government responded reasonably and fairly,” Riley’s attorney Tim Zindel told ABC10 in a statement. “Ultimately, we hope that the court vacates Jorge’s conviction and we also hope the government agrees to that outcome.”
Since Riley is convicted of 'Obstruction of an Official Proceeding and Aiding and Abetting,' ABC10 asked Zindel if the 'aiding and abetting' portion of the charge could play a role in whether Riley's entire sentence might be vacated.
"I don’t think the aiding-and-abetting will make a difference because what he admitted aiding is not a crime in light of Fischer," Zindel said.
Riley will be under supervised release until the judge decides whether to vacate his sentence. Federal prosecutors have a deadline of Aug. 12 to respond to Zindel’s motion to vacate Riley’s sentence. A judge will consider arguments from both sides and make a decision later.
The June 28 ruling “could affect charges against more than 300 other Jan. 6 defendants,” SCOTUSblog’s Amy Howe writes.
Riley isn’t the only Northern Californian convicted in the Jan. 6, 2021 Capitol attacks, though he is the only one for whom that, ultimately, was his sole charge.
Kyle Travis Colton, of Citrus Heights, is the latest to be charged. He was arrested and released back in December. U.S. court documents allege he was caught on camera taking pictures inside the Capitol Rotunda and helping rioters push back against police orders to exit the building. Investigators said Colton took a flagpole that a rioter was using to attack a police officer and gave it back to the rioter.
Colton faces fives charges, including felony obstruction of law enforcement during civil disorder, disorderly and disruptive conduct in a Capitol building and parading, demonstrating or picketing in a Capitol Building.
In a separate incident, Colton was arrested in February for receiving child sexual abuse images. He is facing that charge through the United States District Court for the Eastern District of California. If convicted, he could face up to 20 years in prison and a $250,000 fine.
Tommy Allan, of Rocklin, pleaded guilty in Aug. 2022. He admitted to entering the Senate Chamber carrying a U.S. flag and flagpole taken from elsewhere in the Capitol and stealing documents from a desk. He was sentenced to 21 months in prison followed by three years of supervised release.
Ricky Willden, of Oakhurst, pleaded guilty in April 2022. He admitted to spraying a Capitol Police officer with a chemical irritant and entering the Capitol. He was sentenced to two years in prison followed by three years of supervised release.
Valerie Ehrke, of Colusa County, pleaded guilty in the summer of 2021. She admitted to briefly entering the Capitol building. She was sentenced to three years of probation and $500 restitution.
Sean McHugh, of Auburn, pleaded guilty in September to two charges: Assaulting, resisting, or impeding certain officers using a dangerous weapon; and obstruction of an official proceeding and aiding and abetting. He faced multiple other charges but those were dropped as part of a plea agreement. He admitted to pushing a sign into officers and assaulting them with chemical spray. A judge sentenced him to 6.5 years in federal prison, with credit for time already served, followed by three years’ probation. The court also ordered McHugh to pay a $200 assessment, $2,000 in restitution for damage to the Capitol and an additional $5,000 fine. On Sept. 17, McHugh filed an appeal of that judgment. That will now go to the U.S. Court of Appeals while McHugh remains imprisoned.
In the more-than-three years since Jan. 6, more than 1,400 people have been charged for crimes related to the breach of the U.S. Capitol. Investigations are ongoing.
WATCH MORE ON ABC10: People continue to be charged, sentenced 3 years after Jan. 6 Capitol attack
