WASHINGTON (KNWA/KFTA) — A federal judge has granted an Arkansas man’s request to delay his sentencing hearing after he was convicted on eight charges in connection with his actions during the January 6, 2021 insurrection at the U.S. Capitol.
Richard “BigO” Barnett, 62, of Gravette, was convicted by a federal jury on January 23. He filed a motion in federal court on April 10 in which he asked for a continuance of his sentencing as well as an extension to file a sentencing memorandum.
On April 14, Judge Christoper R. Cooper granted both requests.
The prosecution had filed a response to Barnett’s request earlier in the week, asking the judge to dismiss the motion for a continuance.
“The defendant’s requested continuance is unwarranted because the Court cannot
grind this case—and all of its cases involving Section 1512(c)(2) charges—to a halt,” the prosecution wrote. It also addressed the defense’s citation of the relevance of another recent January 6 case, United States vs. Fischer.
“The defendant already has two weeks to include whatever Fischer-related arguments he wishes in his sentencing memorandum and three weeks to craft whatever Fischer-related presentation he wants to make to the Court at the sentencing hearing,” the response said. “This is ample time.”
The filing also noted that the defense motion “fails to show that Fischer impacts his pending Rule 29 and Rule 33 motions” seeking an acquittal or a new trial.
Barnett’s sentencing is now set for May 24. The defense’s sentencing memorandum is due on May 17.
The judge also ordered that any supplements to Barnett’s motions seeking an acquittal or a new trial are due by April 21. The government’s response to those would be due one week later.