Sacramento man blamed for Jan. 6 riots released from prison as judge weighs Supreme Court ruling

A federal judge this week ordered the release from prison of a Sacramento man who stormed the US Capitol during the January 6 riotswhen a defense attorney attempted to overturn his sentence under a recent Supreme Court ruling that narrowed the scope of a charge hundreds of defendants face on January 6.

Jorge Riley, 46-year-old Army veteran and former corresponding secretary of the California Republican Assembly, pleaded guilty on March 7, 2023, to one felony count of obstructing an official proceeding, which was the charge questioned by the high court. In a 6-3 decision, the US Supreme Court ruled that this charge should only apply to the destruction or attempted destruction “records, documents, objects or other things used in an official process”, which a defense attorney said Riley never did.

D.C. Circuit Judge Judge Amit P. Mehta has not yet ruled on whether the motion to vacate should be granted. But Riley, who has just four months left on his 18-month sentence, will be released from the Federal Correctional Institution in Lompoc while Mehta decides whether his sentence should be vacated, according to an order issued Monday by Mehta.

“Mr. Riley did not violate the law as interpreted by the Supreme Court,” defense attorney Tim Zindel wrote in his motion to vacate, citing the Supreme Court decision, Fischer v.

The U.S. Attorney’s Office in DC has until Thursday to file a response. A spokesperson did not immediately return a request for comment Wednesday seeking information on his position on the case.

A combination of “circumstances” made the sentence Riley served “clearly unfair” because he did not commit any violent or destructive acts, the motion said. Riley was one of the first to storm the Senate; he walked with protesters and took selfies, Zindel wrote.

Prosecutors said Riley declared, “Joe Biden IS NOT MY PRESIDENT” before his trip to D.C. on Jan. 6, 2021. He brought six ninja combat throwing knives, declaring “I’m going to war,” according to The Sacramento Bee’s previous reporting.

Zindel disputed that his client brought guns with him to Washington D.C., according to previous reports.

Riley painted his face in what he called “war paint” and marched to the U.S. Capitol as one of the first people on its grounds. He entered then-House Speaker Nancy Pelosi’s office and refused to leave as ordered by police officers, according to previous reports.

But Riley never attacked any police officers, the defense attorney said.

“We hope they agree that the conviction should be overturned and then we can all decide how to move forward,” Zindel said Wednesday. “Jorge is a good and honorable man and only asks that he be treated fairly.”

Two other Sacramento-area men were also charged in connection with the Jan. 6 riots.

Sean Michael McHugh, who used bear spray against police officers and encouraged protesters to advance with a bullhorn, was sentenced in September 2023 to 6 1/2 years in prison. He was a construction worker in Auburn.

McHugh, 37, also received three years of supervised release and was ordered to pay a $5,000 fine and $2,000 in restitution to the Architect of the Capitol.

No motions have been filed in McHugh’s case as he remains incarcerated at the Federal Correctional Institution in Tucson.

Tommy Frederico Allan, who scaled the Capitol with a rope and stole an American flag and documents from the Senate Chamber, was sentenced in December 2022 to 21 months in prison and three years of probation. He was also ordered to pay a $100 fine and $2,000 to the Architect of the Capitol.

Allan, 56, was released from prison in May, according to previous reports.