In a 6-3 decision, the Court ruled this charge should only apply to destroying or attempting to destroy "records, documents, objects, or other things used in an official proceeding," which a defense attorney said Riley never did. Riley will be will be released from the Federal Correctional Institution in Lompoc as the judge decides if his sentence should be vacated. Riley only has four months left on his sentence.

A federal judge this week ordered the prison release of a Sacramento man who breached the U.S. Capitol during the Jan. 6 riots, as a defense attorney sought to vacate his sentence under a recent Supreme Court decision narrowing the scope of a charge hundreds of Jan. 6 defendants face.

Jorge Riley, a 46-year-old Army veteran and former corresponding secretary of the California Republican Assembly, pleaded guilty March 7, 2023, to a felony count of obstructing an official proceeding, which was the charge under question by the high court. In a 6-3 decision, the U.S. Supreme Court ruled this charge should only apply to destroying or attempting to destroy "records, documents, objects, or other things used in an official proceeding," which a defense attorney said Riley never did.

D.C. Circuit Judge Judge Amit P. Mehta has not yet ruled on whether the motion to vacate should be granted. But Riley, who has just four months left of his 18-month sentence, will be released from the Federal Correctional Institution in Lompoc as Mehta decides if his sentence should be vacated, according to an order issued Monday by Mehta.

"Mr. Riley did not violate the law as it has been interpreted by the Supreme Court," defense lawyer Tim Zindel wrote in his motion to vacate, while citing the Supreme Court decision, Fischer v. United States.

The U.S. Attorney's Office in D.C. has until Thursday to file a response. A spokesperson did not immediately return a request for comment Wednesday seeking information about their position on the case.