The Republic is reporting that a federal judge has rejected a request from a former Columbus resident who pleaded guilty to storming the U.S. Capitol on Jan. 6, 2021, to delay his sentencing hearing until the Supreme Court weighs in on the scope of a law used to prosecute him and hundreds of other defendants following the deadly insurrection, including former President Donald Trump.
U.S District Judge Amit P. Mehta recently denied the request from an attorney representing former heavy metal musician and Columbus resident Jon Schaffer, who had sought to delay his Feb. 20 sentencing hearing until the Supreme Court decides the scope of the felony charge of obstructing an official proceeding - one of two charges that Schaffer pleaded guilty to in April 2021.
However, Mehta agreed to push back Schaffer’s sentencing hearing until April 5 on medical grounds, as the Oath Keeper and former member of heavy metal band Iced Earth might undergo an undisclosed medical procedure “with the need for a recovery afterwards,” according to filings in U.S. District Court in Washington, D.C.
While Mehta postponed the hearing 45 days, waiting for the Supreme Court’s decision could have delayed sentencing until early summer, when the justices are expected to decide an appeal challenging how federal prosecutors applied the obstruction charge brought against hundreds of people stemming from the Capitol riot.
Federal prosecutors said in court filings that they were opposed to delaying sentencing until the high court issues its decision but did not object to a “brief” delay for medical reasons. The justices are expected to hear arguments in the case, United States v. Fischer, in March or April.
“The sentencing hearing presently scheduled for Feb. 20, 2024, is hereby vacated due to the health considerations outlined in defendant’s motion,” Mehta wrote in the order. “The court will not stay sentencing until resolution of United States v. Fischer. There are other procedural mechanisms by which defendant can seek to delay any term of incarceration, if one is imposed. …And the public interest weighs in favor of not delaying sentencing until the outcome of Fischer.”
The order came about two months after the Supreme Court said it would hear an appeal challenging the scope of the obstruction of an official proceeding charge that has been brought against more than 300 people, including Schaffer and Trump, The Associated Press reported. The charge, which carries up to 20 years behind bars, refers to the disruption of Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump.
It is among the four counts brought against Trump in special counsel Jack Smith’s case that accuses the 2024 Republican presidential primary front-runner of conspiring to overturn the results of his election loss, according to wire reports. Trump is also charged with conspiracy to obstruct an official proceeding.
It is also one of two charges that Schaffer pleaded guilty to. He also pleaded guilty to one count of entering and remaining in a restricted building or ground with a deadly or dangerous weapon.
Read the full report at The Republic.
