Johnston, 55, pleaded guilty to felony civil disorder for interfering with police at the Capitol on Jan. 6, 2021. He was part of the crowd that pressed against officers in the lower West Terrace tunnel during the uprising.
Federal sentencing guidelines indicate a range of 8 to 14 months for Johnston's case. However, prosecutors are seeking an increased range of 12 to 18 months due to the physical injuries Officer Daniel Hodges suffered during the Capitol riot.
Officer Daniel Hodges testified about the assault he endured during the Capitol riot, including having his gas mask ripped off and being punched. Although Johnston is not charged with assault, he admitted being part of the crowd involved.
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