Prosecutors seek prison for rioter's attack on AP journalist

[discocrisco01]

Source: Associated Press

Federal prosecutors on Sunday recommended a prison sentence of approximately four years for a Pennsylvania man who pleaded guilty to assaulting an Associated Press photographer and using a stun gun against police officers during a mob’s attack on the U.S. Capitol.

U.S. District Judge Randolph Moss is scheduled to sentence Alan Byerly on Oct. 21 for his attack on AP photographer John Minchillo and police during the Jan. 6, 2021, riot in Washington.

Sentencing guidelines recommend a prison term ranging from 37 to 46 months. Prosecutors are seeking a sentence of at least 46 months of imprisonment, followed by three years of supervised release. Byerly’s attorney has until Friday to submit a sentencing recommendation.

The judge isn’t bound by any of the sentencing recommendations.

Read more: https://apnews.com/article/capitol-siege-prisons-journalists-sentencing-b14b7d2b44abe37d5b0b34fcf1a9dff6

[Leghorn21]

1. He seems

DEMENTED AND MEAN AF

[pansypoo53219]

2. i happen to be reading a grieder 1987's secrets of the temple about the fed. we are repeating the

late 70's now. the recession they kept expecting after the interest rate hikes did not occur til 1981/2. + i am reliving the reagan destruction of FDR.

[The Jungle 1]

3. My wish for this treasonous scum is this.

I hope he dies from an infected and massive anal fissure.

[NBachers]

4. Four years is a pittance compared to what he should really do - at least seven full years in a

real prison.

[Nictuku]

5. Very Informational!

Thanks for posting.

[Justice matters.]

6. Lock. him. up. eom

[Rhiannon12866]

7. Good Grief! This violent insurrectionist deserves the max!

[msfiddlestix]

8. 46 months? for assaulting police and journalist photographer

Can someone remind me how sentencing guidelines are decided?

And can't a judge use discretion to increase sentencing terms?

I realize they can use discretion to decrease or suspend. but what about increasing the time to be served?

and did anyone else notice the date of arrest, indictment, and trial/sentencing?

wow.

[GregariousGroundhog]

10. Regarding sentencing guidelines

Here are the guidelines:
https://www.ussc.gov/guidelines/2021-guidelines-manual-annotated

The article mentions the a 37-46 months sentencing guideline, which would imply an offense level of 21 (unless he had a previous criminal history, in which case a lower offense score could get the 37-46 month recommendation):
https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-5

The crimes of 'Obstructing or Impeding Officers' and 'Assault' cannot reach more than an offense level of 15, so I suspect he is being sentenced for aggravated assault:
https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-2-c#2a22

We can deduce the offense level of 21 from the base level (14) + the use of a dangerous weapon (4) + the sustainment of bodily injury (3).

Of course, I'm not a lawyer, just a nerd who doesn't mind reading through the online guide. Hopefully that helps.

[msfiddlestix]

11. ✔️ Ty n/t

[Omaha Steve]

9. Kick