On February 24, 2023, David Mehaffie was sentenced to 14 months in custody to be followed by 24 months of supervised release -- which is federal "probation" that follows a custodial sentence.  Mr. Mehaffie was convicted of "aiding and abetting" the impeding or interfering with officers after a bench trial in September 2022 before District Judge Trevor McFadden.  He was acquitted by Judge McFadden on the charge of "corruptly obstructing" Congress in its certification of the electoral vote.

In its Sentencing Statement the DOJ asked for a 64 month sentence based on a quite dubious interpretation of the sentencing guidelines, arguing that Mr. Mehaffie's actions fell within the definition of "aggravated assault" in the sentencing guidelines.  David's Attorney, William Shipley, pointed out in his Sentencing Statement and in his comments at the hearing that the Court had exonerated Mr. Mehaffie at trial of being involved in or intending to "assault" or injure police officers.  

The distinction was critical because the answer to the question determined which provision of the United States Sentencing Guidelines would apply.  The DOJ claimed that the "aggravating" factor was the finding by the Court that acted with the intent to commit another felony -- "civil disorder" -- as part of his conduct that interfered with the officers.

Shipley pointed out that the definition of "aggravated assault" began by describing it as a "felonious assault" that then has the added factor as argued by the DOJ.  What the DOJ was lacking, however, was an "assault".  Shipley made the argument that in reading his verdict in September, Judge McFadden seemed to choose his words very carefully in that he deliberately avoided using the word "assault" in describing Mr. Mehaffies' guilt, but rather emphasized that it was his "nonassaultive" behavior that nevertheless violated the statute with with he was charged.  

Judge McFadden confirmed Shipley's view of the verdict, and agreed with Shipley's interpretation of the Sentencing Guidelines.  Without a factual finding that Mr. Mehaffie had committed, or aided and abetted another in committing a "felonious assault", the provisions for "aggravated assault" did not apply.

Shipley had asked for a sentence of 6-12 months, with some or all of that term being served via "home confinement" which was allowable under the guidelines for such a sentence.  Judge McFadden thought a longer sentence was appropriate given that Mr. Mehaffie's conduct caused more police officers to be needed in the "tunnel" where much violence occurred, thereby preventing them from going elsewhere in the Capitol where they might have been needed.  He determined that 14 months was an appropriate sentence under all the facts of the case.

This is a good example of why having an experienced federal criminal defense attorney can made a significant difference in the outcome of the case -- for Mr. Mehaffie it was a difference of more than 4 years in custody.  The DOJ wanted over 5 years in prison.  The sentence imposed was just over 1 year.  

Mr. Mehaffie will likely serve his sentence at a Bureau of Prisons "Camp" facility, and could be released to a "halfway house" in his home community to serve the remainder of his sentence after approximately 6 months.