Tuesday, January 21, 2025
Law And Order
In what can only be considered a futile gesture, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded for resentencing a defendant convicted on six counts of criminal conduct for actions on January 6
Ralph Joseph Celentano, III was convicted by a jury on six counts and acquitted on a seventh count for unlawful conduct on January 6, 2021 at the United States Capitol. He challenges his convictions on three grounds and raises a series of challenges to his sentence. He contends that the district court erred in instructing the jury first, on his defense of another to Count One, which was prejudicial also to his convictions on Counts Two, Five, and Six, and second, on the knowledge requirement of 18 U.S.C. § 1752(a) for Count Three. He further contends that his conviction on
Count Two must be vacated under the Double Jeopardy Clause of the Fifth Amendment as a lesser included offense of Count One. Finally, he contends that the district court’s errors in calculating his Sentencing Guidelines range require
resentencing. For the following reasons, the court reverses Celentano’s conviction on Count One, vacates his sentence and remands for resentencing, and remands the case, except Count Seven, to the district court for further proceedings.
Of particular relevance, Celentano forcibly shoved Officer Kenrick Ellis off a ledge causing him to fall on top of other officers about four or five feet below. Trial Tr. 1327-34 (June 9, 2023); Supp. Ex. 603. Officer Ellis testified that a protestor who was being held had another officer in a chokehold and that he was delivering “tactical blows to that individual’s arm, so they would . . . release the officer.” Trial Tr. 856 (June 7, 2023). In defense, Celentano testified that he saw “officers were holding somebody in place and Officer Ellis was hitting him . . . and he kept hitting him” around the neck. Trial Tr. 1171 (June 8, 2023); Trial Tr. 1329 (June 9, 2023). Celentano explained that he was concerned because “strikes to the back of the head kill people.” Trial Tr. 1171 (June 8, 2023). Celentano testified that he gave Officer Ellis a forceful body shove from behind in order to get him to stop. Trial Tr. 1334 (June 9, 2023). Celentano acknowledged that he was 20 to 30 feet behind Officer Ellis and could not see if the protestor being held was male or female much less see the protestor’s hands or if the protestor had a weapon. Id. at 1329-30. Celentano claimed that he did not ask an officer for help to stop the beating because “[i]t seemed like every time you walked up to a cop, he’d hit you.” Id. at 1332.
The court rejected a contention based on an erroneous defense of others jury instruction but
the court vacates Celentano’s conviction on Count One, vacates his sentence and remands for resentencing, and remands the case, except Count Seven, to the district court for further proceedings
In another matter, a case scheduled for oral argument this morning before the court was dismissed with prejudice this morning in light of a pardon issued yesterday. (Mike Frisch)
https://lawprofessors.typepad.com/legal_profession/2025/01/law-and-order.html