Tougher Sentence for Jan. 6 Capitol Rioter Weighed by DC Circuit

A Washington federal appeals court questioned the Justice Department’s claim that a five-year sentence for a Florida man who participated in the Capitol riot would be unchanged even if the lower court applied the wrong sentencing guideline.

The three-judge panel for the US Court of Appeals for the D.C. Circuit considered arguments on Monday by Tristan Stevens that his convictions shouldn’t be classified as an “aggravated assault.” That classification triggered a longer prison sentence for assaulting an officer and other misconduct during the Jan. 6, 2021, riot.

The government argued that even if the lower court was wrong to bump ...