Mathew Capsel came to a plea deal for the charge in September, with the guideline range being 27-33 months in prison.
“The government recommends that the Court impose a sentence of imprisonment of 31 months, which is a near mid-range sentence as calculated by the government and as agreed upon by the parties in the plea agreement, restitution of $2,000, and the mandatory $100 special assessment for each count of conviction,” the Justice Department said in a court filing.
Capsel’s lawyers argued for him to be given the “low end of his guideline range” due to various factors.
“Mr. Capsel accepts the fact that there are consequences for his behavior on January 6. However, he asks this Court to recognize the previously discussed disparities, his family obligations, and his trauma related mental health needs when sentencing him. He suggests that a sentence of 1 year and 1 day is a ‘sentence sufficient, but not greater than necessary’ to comply with the purposes of sentencing,” Capsel’s lawyers said in a court filing.
Sentencing in the case is set for Dec. 16, with Capsel’s case being one of several the Justice Department pursued in the aftermath of the Capitol riot.
The Justice Department’s most high-profile investigation into the riot involves determining if former President Donald Trump’s actions on and leading up to Jan. 6, 2021, were criminal. The investigation was handed off to special counsel Jack Smith after Trump announced his presidential candidacy for 2024.