The Department of Justice (DOJ) has lodged an appeal against the sentencing of five senior members of the Proud Boys, including the group's leader, Enrique Tarrio.
The appeal argues that the prison terms handed down are significantly less than prosecutors recommended. The charges against the men, which include seditious conspiracy, stem from their involvement in the January 6, 2021, riot at the U.S. Capitol.
U.S. District Judge Timothy Kelly sentenced Tarrio, the former national leader of the Proud Boys, and three other high-ranking members to prison terms ranging from 15 to 22 years. The jury found them guilty in May of conspiring to disrupt the peaceful transition of presidential power from Donald Trump to Joe Biden following the 2020 election.
Tarrio received the longest sentence of 22 years, the most severe punishment handed down so far in the hundreds of criminal cases arising from the Capitol riot. However, prosecutors had sought a 33-year sentence for the Miami resident.
In an email to the Associated Press, Attorney Nayib Hassan, who is part of the defense team, stated that they are reviewing the prosecutors' rationale for appealing the sentencing. He added that they are preparing their own appeal and are confident they will "prevail on multiple grounds."
Prosecutors had also recommended sentences of 33 years for former Proud Boys organizer Joseph Biggs, 30 years for chapter leader Zachary Rehl, and 27 years for chapter leader Ethan Nordean. However, Judge Kelly sentenced Nordean to 18 years, Biggs to 17 years, and Rehl to 15 years.
Norm Pattis, the defense attorney representing Biggs and Rehl, described the government's appeals as "ridiculous" in a text message. He added, "Merrick Garland needs a new hobby horse."
Nicholas Smith, Nordean's attorney, expressed optimism about the appeal. In an email, he stated that his client "is encouraged by the governments agreement that errors led to the judgment and sentence in his case."
Tarrios legal team had requested a sentence of no more than 15 years without a terror adjustment. However, Judge Kelly did apply the terror enhancement when determining Tarrios punishment, although the sentence was still less than what prosecutors had recommended, as reported by The Hill.
The DOJ's notice of appeal, filed on Monday, did not include any legal arguments advocating for longer prison terms. It merely informed the court of the prosecutors' intentions.
The DOJ is also appealing the 10-year sentence of Dominic Pezzola, a Proud Boys member from Rochester, New York. Prosecutors had sought a 20-year sentence for Pezzola, who was tried alongside the four group leaders. The jury acquitted Pezzola of seditious conspiracy but found him guilty of other serious charges.
The DOJ is already appealing the 18-year sentence of Oath Keepers founder Stewart Rhodes, who was convicted of seditious conspiracy in a separate January 6 case. Prosecutors had requested a 25-year sentence for Rhodes, but U.S. District Judge Amit Mehta sentenced him to 18 years.
In related news, another Proud Boys member, William Chrestman, pleaded guilty on Monday to obstructing the January 6 joint session of Congress that was certifying Biden's victory over Trump. Chrestman, 49, from Olathe, Kansas, also admitted to threatening to assault a federal officer during the Capitol riot.
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