Judge sentences Maryland’s Matthew Miller to 33 months prison, 18 months less than feds sought.
Miller claimed to drink 10 beers on Jan 6 and said he carried Confederate flag to mark “states rights”.. judge cited Miller’s youth and lack of criminal record during hearing.
Feds were seeking 51 months (4+ years) arguing Miller "unleashed" contents of fire extinguisher on officers, threw items (including batteries) at officers in tunnel, scaled wall with toppled bike rack barrier.
Prosecutors: "Miller, while draped in a Confederate flag, threw a full beer can approximately 30 yards, in the direction of law enforcement".
Miller's defense submitted this photo... and, in request for leniency, argued "he was both drunk and high when he fell in with the mob marching towards the Capitol"
Miller has pleaded guilty to count 2 of his indictment... obstruction
Prosecutor says Miller encouraged others to get closer to Capitol Building amid the chaos on Jan 6.
Prosecutor says Miller "hurled a full beer can 30 yards in the direction of police".
Prosecutor played extended videos from Jan 6 of the West front tunnel. You can hear the ominous, chilling scream of "HEAVE-HO" as mob attempts to overpower police.
Prosecutor: "What else did Mr. Miller do? He decided to throw batteries into the tunnel at police officers"
She then calls the battle on Jan 6 a "medieval battle" and says Miller then unleashed and discharged contents of fire extinguisher on the officers.
Prosecutor: "Many officers were injured, bleeding and fatigued, by they continued to hold the line."
"A crime of this magnitude demands a serious sentence...there's no reason to vary outside the applicable guidelines"
Feds wanted a 51-month prison sentence (4+ years)
The judge stated that a 22-year-old's judgment is not as good as those who are older.
Judge: "I wonder how I compare a drunk 22 year old to some of these other folks who were stone sober, in their 40's,
who knew a lot better."
Judge ruled a 33 month sentence.