A Texas man accused of breaching the U.S. Capitol building on Jan. 6, 2021, and posting on social media against Rep. Alexandria Ocasio-Cortez (D-N.Y.) was sentenced to 38 months behind bars.
His prison sentence will be followed by three years of supervised release, according to the Department of Justice.
Miller’s lawyer Clint Broden had asked for a 30-month sentence for his client, who has been in custody since his arrest on Jan. 20, 2021.
U.S. prosecutors had recommended a sentence of 48 months imprisonment for Miller’s “role in the offense and the damages resulting from his conduct.”
Miller traveled to Washington that day to “stop Congress’ certification of the 2020 presidential election,” according to court documents.
“Miller was at the forefront of every barrier overturned, police line overrun, and entryway breached within his proximity that day,” prosecutors wrote in a sentencing memo to the judge.
“He was so disruptive on the East Front of the building that he was twice detained, the second time resulting in him being put in handcuffs. After being released and vowing to leave, Miller stayed at the riot, initially filming himself talking about a revolution.”
Prosecutors said Miller threatened Ocasia-Cortez when she wrote “Impeach” in a post on social media.
“Assassinate AOC,” Miller responded directly to Ocasio-Cortez, according to court papers.
In addition, Miller made threats on social media against Senate Majority Leader Chuck Schumer (D-Calif.), Facebook founder Mark Zuckerberg, and former Twitter CEO Jack Dorsey.
Prosecutors said Miller wanted revenge against the officer who shot Ashli Babbitt, 35, outside the entrance to the Speaker’s Lobby.
In the days leading up to his arrest, Miller “bragged to his friends that he ‘terrified [c]ongress’ and openly discussed his desire to publicly identify the officer who shot Ashli Babbitt and ‘hug his neck with a nice rope.”
At the time of his arrest, Miller was wearing a shirt with an image of former President Donald Trump and the words “I was there, Washington, D.C., January 6, 2021.”
Since Jan. 6, 2021, there have been more than 985 arrests across the United States for crimes related to the breach of the Capitol, including nearly 320 charged with assaulting or impeding law enforcement.