WASHINGTON (KNWA/KFTA) — On Jan. 23, Richard Barnett was found guilty on eight federal charges for his actions during the Jan. 6, 2021, insurrection at the U.S. Capitol.
Barnett’s sentencing is scheduled for May 3, and the eight charges offer a varied range of potential sentencing options. If a judge sentences him to the maximum possible on each count, the term could be as long as 47 years in federal prison.
Here are some of the specifics of those charges.
The top charge of obstructing an official proceeding carries a maximum of twenty years. Two others each have a maximum potential sentence of 10 years, and another carries up to five years.
The remaining four counts each have a maximum term of six months. But should Barnett expect to receive a 47-year sentence? Probably not, according to one local attorney with federal criminal court experience.
One factor is whether Barnett’s sentences will be served concurrently or consecutively.
Kimberly Weber of the law firm of Matthews, Campbell, Rhoads, McClure and Thompson in Rogers has tried over 50 jury cases and has worked as both a prosecuting and defense attorney, including several years as a special assistant U.S. attorney with the Department of Justice.
“The imposition of a concurrent or consecutive terms of imprisonment is governed by Title 18 United States Code § 3584,” she explained. “In short, the Court looks to statutory factors to make that determination.”
She added that in certain circumstances, concurrent or consecutive sentences can be mandatory. She says that whether those apply in Barnett’s case won’t be known until sentencing.
“Each party has an opportunity to ask for a particular sentence,” she said. “I don’t anticipate consecutive time.”
Barnett’s sentencing is scheduled for May 3.