In a Wednesday filing, the prosecution recommended that the Capitol riot defendant receive the longest possible sentence of imprisonment.
Scott Fairlamb was recommended by the government to be sentenced for punching a police officer and should spend 44 months in prison.
The first Capitol rioter to plead guilty was the New Jersey gym owner to assaulting a police officer.
A daily selection of top stories, based on your reading preferences, is available to you. Loading Click Sign up to receive marketing emails and other offers from Insider.
New Jersey man could be behind bars longer than other insurgents for punching a police officer in the Capitol riot of January 6.
In a sentencing memo, federal prosecutors recommended that Scott Fairlamb be sentenced to at least three and a half years imprisonment for his involvement in the attack.
New Jersey's gym owner was the first to plead guilty during the riot to assaulting a police officer. Fairlamb, 43 years old, pleaded guilty to obstruction of congressional proceedings.
Fairlamb's case is being pursued by prosecutors, who are seeking to sentence Fairlamb to a substantial prison sentence. This contrasts with other Capitol rioters who were able to plead guilty and have received relatively mild sentences.
Due to aggravating circumstances in his case (his two previous assault convictions, his attack on police officers during the Riot, and his apparent lack remorse in its aftermath), the government recommended that he spend 44 months in prison. Prosecutors agreed to sentence him to between 41 and 51 months prison as part of the plea agreement. CNN reports that the sentences for these two offenses could have been up to 28 years.
The longest recommended sentencing period for Capitol rioters is three-and-a half years, according to the prosecution. More than 100 Capitol rioters have pleaded guilty to charges related to the attack. Nearly 700 people were arrested in connection with it.
This hefty sentence recommendation comes just weeks after the Chief Federal Judge presiding over Capitol Riot cases criticised the DOJ for suggesting light sentences to several rioters who accepted plea bargains. Many were sentenced to probation or have been held for several weeks.
In the sentencing memo, the prosecutors described Fairlamb's inspiration by Steve Bannon to halt the Congressional proceedings. Fairlamb allegedly threatened Rep. Cori bush by tagging her on Instagram and writing that he "shoulda lit up your ass," apparently while at the Capitol.
Insider reached out to Fairland's attorney but he did not respond immediately.
Fairlamb is the son of a Secret Service agent and a police officer, and will be sentencing next week.
