The federal Bureau of Prisons mistakenly released an Iowa man from custody before he finished serving his 30-month sentence for storming the Senate chamber during a mob's attack on the U.S. Capitol, Justice Department prosecutors said in a court filing this week.
of Cedar Rapids was freed last Thursday after an appeals court agreed to throw out one of his convictions stemming from the Jan. 6, 2021, riot.
But prosecutors believe Kelly's release was a mistake because he only served 11 months of his 30-month sentence. In a court filing Monday, they asked U.S. District Judge Royce Lamberth for a hearing to address Kelly's release.
The Bureau of Prisons told The Associated Press that Kelly was 鈥渋nadvertently released鈥 last week after a 鈥渕isinterpretation of a court order.鈥 The bureau鈥檚 statement doesn鈥檛 elaborate on the reason for the error, but it says that Kelly, 39, reported to a probation officer 鈥渁s instructed鈥 and remains free while awaiting a resentencing hearing.
Prosecutors also are asking the judge to schedule a hearing for resentencing now that Kelly's only felony conviction has been tossed by the federal appeals court for the District of Columbia circuit.
In May 2023, a jury convicted Kelly of all seven counts in his indictment. One of his convictions was for a charge that he obstructed an official proceeding, the Jan. 6 joint session of Congress for certifying President 's electoral victory over .
In June, however, the limited the government鈥檚 use of that obstruction charge. The justices that the charge of obstructing an official proceeding must include proof that defendants tried to tamper with or destroy documents.
After the ruling, prosecutors and defense attorney Nicholas Smith the appeals court to vacate Kelly's obstruction conviction. His remaining convictions were for misdemeanor offenses.
Smith declined to comment Tuesday on prosecutors' filing.
Lamberth sentenced Kelly in August 2023 and pending the outcome of his appeal. The judge indicated last month that he was unlikely to reduce Kelly's sentence.
A Bureau of Prisons database doesn't specify where Kelly was serving his sentence when he was released last week.
A day before the Jan. 6 riot, Kelly drove to Washington, D.C., to attend then-President Trump's 鈥淪top the Steal鈥 rally near the White House. He marched to the Capitol, joined other rioters in entering the building and made his way to the Senate floor.
Kelly approached the dais where then-Vice President had just presided over the Senate. He took videos of documents on desks 鈥 including a ballot sheet, handwritten notes and a script 鈥 before police cleared the rioters out of the chamber.
Approximately 1,500 people have been charged with Capitol riot-related federal crimes. More than 600 of them have been convicted and sentenced to a term of imprisonment ranging from a few days to 22 years.
