Capitol rioter mistakenly released from prison after appeals court ruling, prosecutors say

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.

Leo Christopher Kelly 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 “inadvertently released” last week after a “misinterpretation of a court order.” The bureau’s statement doesn’t elaborate on the reason for the error, but it says that Kelly, 39, reported to a probation officer “as instructed” 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.

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