cross-posted from: https://lemmy.world/post/11576439

Brandon Fellows, who has called incarceration “awesome and very fun,” wants to push back his sentencing until the Supreme Court rules in a case that may affect one of his charges.

Federal prosecutors are asking a judge to deny a Jan. 6 rioter’s request to delay his sentencing, arguing that the defendant may be seeking to remain incarcerated.

Brandon Fellows was convicted last year after representing himself at trial, where he told jurors that Jan. 6 was a “beautiful day” and that he liked “the fact that those senators and congressman were in fear for their lives.”

“We had to take the election back. It was stolen,” Fellows testified, adding outside the presence of the jury that he was in a “kangaroo court” and referring to the judge as a Nazi.

Before that, Fellows was among a small percentage of Capitol attack defendants who were held in jail before their trials. He has been incarcerated since July 2021, with a sentencing hearing scheduled for Feb. 29.

Prosecutors are seeking 37 months in prison, with sentencing guidelines ranging from 30 to 37 months of incarceration.