The specter of the U.S. Supreme Court striking down the controversial use of an evidence-tampering law in Jan. 6 felony prosecutions has caused a delay in sentencing of 10 Oath Keepers defendants.
United States District Judge Amit Mehta rescheduled Mr. Caldwell’s sentencing for 10 a.m. on July 26 in Washington.
Mr. Caldwell, 69, of Berryville, Virginia, is not an Oath Keeper but was tried as a co-conspirator in the first Oath Keepers trial that ended in November 2022.
A jury found him guilty of two charges and acquitted him on three other counts.
The U.S. Department of Justice dropped its opposition to delaying the sentencing, according to court records.
The Supreme Court will hear oral arguments on April 16 in a challenge to the DOJ’s novel use of corporate fraud law to prosecute Jan. 6 defendants for delaying the largely ceremonial counting of Electoral College votes by Congress on Jan. 6, 2021.
A decision is expected by late June.
The statute was enacted in 2002 to combat corporate fraud following the Enron accounting scandal.
More than 350 Jan. 6 defendants have been charged with obstruction of an official proceeding, a felony that carries up to 20 years in prison.
The DOJ is seeking a 14-year prison term for Mr. Caldwell, who has asked for a time-served sentence with supervised release.
David W. Fischer, Mr. Caldwell’s defense attorney, wrote that the Supreme Court ruling in the Fischer case “could potentially result in Caldwell being acquitted of the most serious count against him.”
A March 1 U.S. Court of Appeals ruling in another Jan. 6 case—United States v. Larry Rendall Brock—determined that sentencing enhancers applied for interfering with the administration of justice could not be used in relation to the joint session of Congress on Jan. 6.
The Brock decision will affect Mr. Caldwell even if the Supreme Court does not strike down the use of §1512(c)(2).
Mr. Fischer wrote that the Brock ruling would mean an 11-level reduction under federal sentencing guidelines.
The pre-sentence report prepared by U.S. Probation and Pretrial Services would have to be adjusted to reflect the reduction, Mr. Fischer wrote.
Mr. Caldwell’s sentencing delay was the 10th among defendants in Oath Keepers cases who had pleaded guilty or were found guilty of felony obstruction of an official proceeding on Jan. 6.
The other Oath Keepers defendants whose sentencing hearings were delayed include:
Caleb Berry, 22, of Tampa, Florida, will be sentenced after May 8 on one count of obstruction of an official proceeding and one count of conspiracy to commit an offense or defraud the United States. He was previously scheduled for a March 19 sentencing hearing.
Donovan Ray Crowl, 53, of Woodstock, Ohio, will be sentenced on July 25 for obstruction of an official proceeding and civil disorder. Mr. Crowl was found guilty in a July 2023 bench trial. As part of a stipulation agreement, four other charges were dismissed. He had been scheduled for a March 20 sentencing.
Defense attorney Carmen Hernandez said the Brock ruling would move the sentencing range for Mr. Crowl from 57 to 71 months in prison down to 15-21 months or lower.
Jason Dolan, 47, of Wellington, Florida, had been set for a Feb. 22 sentencing hearing, which will now take place sometime after May 8. He pleaded guilty to one count of obstruction of an official proceeding and one count of conspiracy to commit an offense or defraud the United States.
Mark Grods, 57, of Mobile, Alabama, will be sentenced after May 8 on one count of obstruction of an official proceeding and one count of conspiracy to commit an offense or defraud the United States. He was most recently scheduled for a March 11 sentencing.
Joshua James, 36, of Arab, Alabama, was previously scheduled for a Jan. 26 sentencing, but the hearing was delayed until at least early May. Mr. James pleaded guilty to one count of seditious conspiracy and one count of obstruction of an official proceeding.
Brian Ulrich, 45, of Guyton, Georgia, will be sentenced after May 8 on one count of seditious conspiracy and one count of obstruction of an official proceeding. He had been scheduled for a March 14 sentencing.
Jon Ryan Schaffer, 56, of Columbus, Indiana, will be sentenced on July 19 on one count of obstruction of an official proceeding and one count of entering and remaining in a restricted building or grounds with a deadly or dangerous weapon. He was most recently scheduled for an April 5 sentencing hearing.
Graydon Young, 57, of Englewood, Florida, will be sentenced after May 8 on one count of obstruction of an official proceeding and one count of conspiracy to commit an offense or defraud the United States. He was most recently set for a March 7 sentencing.
William Todd Wilson, 47, of Newton Grove, North Carolina, will be sentenced on July 12 on one count of seditious conspiracy and one count of obstruction of an official proceeding. His most recent sentencing date was March 20.
Sentencing for all of the men—except Mr. Caldwell and Mr. Crowl—had been delayed numerous times because they were cooperating with the FBI and prosecutors in the ongoing Jan. 6 investigation. They all remain free with some pre-sentencing conditions.
Mr. Caldwell is free pending sentencing but wears an ankle monitor and has some travel and time restrictions. Mr. Crowl remains free pending his sentencing hearing.
Mr. Reffitt, 51, of Wylie, Texas, was sentenced to 87 months in prison on five criminal counts after a jury trial. His attorney said without the administration of justice sentencing enhancement, his sentencing guidelines would call for 30 to 37 months in prison. He has been in custody for 38 months.
