Joshua James

Joshua James of Arab is likely facing between 7 and 9 years in federal prison for his role in the Jan. 6, 2021, attack at the U.S. Capitol. That’s according to the plea agreement he made with federal prosecutors in March. However, the judge in the case is not bound by that range and can sentence him to more or less time.

James pleaded guilty to seditious conspiracy and obstruction of Congress for his efforts to stop the transfer of power from former President Donald Trump to President Joe Biden on Jan. 6, 2021.

In exchange for the guilty plea and cooperation with the FBI, more than a dozen other charges were dropped.

The following sentencing information was part of his plea agreement:

Based upon the Estimated Offense Level and the Estimated Criminal History Category set forth, your client’s estimated Sentencing Guidelines range is 87 months to 108 months.

In addition, the parties agree that, should the Court impose a fine, the estimated applicable fine range is $30,000 to $300,000. Your client reserves the right to ask the Court not to impose any applicable fine.

The parties agree that, solely for the purposes of calculating the applicable range under the Sentencing Guidelines, either party may seek a downward or an upward departure from the Estimated Guidelines Range set forth above.

Your client understands and acknowledges that the Estimated Guidelines Range calculated above is not binding on the Probation Office or the Court. Should the Court or Probation Office determine that a guideline range different from the Estimated Guidelines Range is applicable, that will not be a basis for withdrawal or recission of this Agreement by either party.

Other information in James’ plea agreement with federal prosecutors included:

• James agrees that the “Statement of Offense” (please see other story) fairly and accurately describes his actions and involvement in the offense(s) to which he is pleading guilty.

• There is no (sentencing) guideline provision expressly promulgated for seditious conspiracy. Under U.S.S.G. 2X5.1, where available, the Court should apply the most analogous offense guideline. The parties agree that the most analogous offense to seditious conspiracy is “Treason.”

• The Government and James reservse the right to describe fully, both orally and in writing, to the sentencing judge, the nature and seriousness of your client’s misconduct, including any misconduct not described in the charges to which your client is pleading guilty, to inform the presentence report writer and the Court of any relevant facts, to dispute any factual inaccuracies in the presentence report, and to contest any matters not provided for in this Agreement.

• James understands that neither the Government’s recommendation nor the Sentencing Guidelines are binding on the Court (judge). James acknowledges that his entry of a guilty plea to the offenses authorizes the Court (judge) to impose any sentence, up to and including the statutory maximum sentence, which may be greater than the applicable Guidelines range.

• James will cooperate fully, truthfully, completely and forthrightly with this Office and other Federal, state and local law enforcement authorities identified by this Office in any and all matters as to which the Government deems the cooperation relevant.

• That cooperation by James may include, but will not necessarily be limited to: answering questions; providing sworn written statements; taking government-administered polygraph examination(s); and participating in covert law enforcement activities.

• James shall testify fully, completely and truthfully before any and all Grand Juries in the District of Columbia and elsewhere, and at any and all trials of cases or other court proceedings in the District of Columbia and elsewhere, at which your client’s testimony may be deemed relevant by the Government.

• James agreed that the damage to the U.S. Capitol was estimated at $1,495,326.55, and that he agrees to pay $2,000 “as his share of the damage.”

(1) comment

PaulT

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