Conviction and Sentencing

A tree cutter who smoked marijuana in a senator’s office during the January 6, 2021 attack on the U.S. Capitol has been sentenced to 3.5 years in prison. Brandon Fellows, 29, was convicted of obstructing an official proceeding, entering a restricted building, and disorderly conduct. These charges stemmed from his 36-minute incursion into the Capitol in support of former President Donald Trump, causing a delay in Congress’s official counting of electoral ballots which confirmed Joe Biden’s victory in the 2020 election.

Contemptuous Conduct

Representing himself throughout most of the legal proceedings, Fellows was found in contempt of court after repeatedly disrupting and challenging U.S. District Judge Trevor N. McFadden. Judge McFadden sternly criticized Fellows for his contemptuous conduct, which included referring to the judge as a “modern-day Nazi” and accusing the court of running a “kangaroo court.” Fellows made lewd comments to his probation officer and heckled the jury during the reading of the verdicts.

Prosecutors’ Description

Although Fellows was not charged with violent conduct, prosecutors characterized him as a “cheerleader” for the riotous mob that stormed the Capitol. They described how Fellows entered the Capitol through a broken window, smoked pot in a senator’s office, paraded through the Capitol crypt, taunted law enforcement officers, and posed for photographs on a Capitol Police motorcycle. He then enthusiastically shared his involvement in media interviews and social media posts, showing no remorse for his actions.

Unruly Sentencing Hearing

At the sentencing hearing, Fellows continued his disruptive behavior, giving a 45-minute PowerPoint presentation that criticized the court, made outlandish accusations against the prosecutors, and denied any wrongdoing. He vented about his time spent in jail and voiced his belief that the election was stolen. Fellows also compared his sentencing with that of a liberal activist who received a lighter sentence for interrupting Justice Brett M. Kavanaugh’s confirmation hearing in 2018.

Judge’s Pronouncement

Judge McFadden admonished Fellows for his lack of respect, both in court and during the riot, emphasizing the need to uphold the democratic processes and institutions. Despite Fellows’ interruptions, the judge imposed a sentence of 37 months in prison for his convictions related to the Capitol riot and an additional five months for contempt of court. The judge reaffirmed his commitment to justice and reminded Fellows that his actions had consequences.

Conclusion

Brandon Fellows, the tree cutter who smoked marijuana in a senator’s office and participated in the January 6 Capitol riot, has been sentenced to 3.5 years in prison. His disruptive behavior during the legal proceedings, which included interrupting the judge and making contentious remarks, ultimately led to a contempt charge. Judge Trevor N. McFadden handed down a total sentence of 42 months to send a strong message about the importance of respecting the nation’s institutions and democratic processes.