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that in the case of Tara Stottlemyer, a North Carolina farmer and mother to a one-year-old, the defendant should continue to serve her sentence for breaching the Capitol in 2021 after she argued her conviction and sentence should be vacated in light of the high court’s ruling.
The court ruled 6–3 that prosecutors had applied the charge too broadly in the case of a former police officer named Joseph Fischer and potentially dozens of others. Justice Ketanji Brown Jackson sided with five conservative justices, while Justice Amy Coney Barrett aligned with two liberal justices on the decision.created a road map for prosecutors to keep their cases intact.
“‘And it might well be that Fischer’s conduct, as alleged here, involved the impairment of the availability or integrity of things used during the January 6 proceeding,'” prosecutors wrote, quoting from Jackson’s opinion.federal judges in Washington, D.C., for a month or two of extra time to develop a response to defendants’ arguments that they were improperly charged.
Stottlemyer pleaded guilty in 2022 to one charge of obstructing an official proceeding, admitting that she illegally entered the Capitol, wandered into then-House Speaker’s suite and the Senate Chamber, and rifled through senators’ papers. She was sentenced to eight months in prison and two years of probation.
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