Capitol riot convict from Polk County could soon walk free

WASHINGTON, D.C. - Convicted Capitol rioter Joshua Doolin may soon be a free man.

Last August, the Polk county man was sentenced to 18 months in prison for his role in the riot on January 6, 2021. Since then, there’s been some major changes to sentencing guidelines that affect hundreds of cases, including Doolin's. Now a Washington, D.C. judge has agreed to review his appeal and may reduce his sentence.

In a motion filed by Doolin, he argues he was never violent with Capitol Police. The trial judge agreed.

READ: Here’s how much you need to make to be considered middle-class in Florida

"The judge pointed out that he was not violent with officers," said legal analyst Anthony Rickman. "That he didn’t punch, kick, hit, or do anything to law-enforcement who are protecting the Capitol."

Doolin’s appeal may also benefit from a recent appeals court ruling dealing with the "enhancement" federal judges are using at sentencing hearings to tack on more years behind bars. The ruling says the judges are interpreting the three-level enhancement incorrectly, and therefore throwing out the current sentence. That means more Jan. 6 defendants could get do-overs if the enhancement was applied in their case.

Joshua Doolin of Polk County could have his prison sentence reduced for his role in the Jan. 6, 2021 riot at the U.S. Capitol.

As for Doolin, he may be months away from freedom.

"Currently his release date is November, but if the court grants his motion for reduction of sentence, Joshua Doolin could be released by June 13," explained Rickman.

The judge has ordered both the prosecution and the defense to file arguments in the next few weeks. Once that happens, a sentencing date could be set.

SIGN UP: Click here to sign up for the FOX 13 daily newsletter

WATCH FOX 13 NEWS