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Prosecutors seek 44 months in 1st sentence for riot violence

Prosecutors said a 44-month prison term is warranted for Scott Fairlamb because he incited and emboldened other rioters around him with his violent actions.

WASHINGTON — Author's note: The video above is on file from Oct. 13, 2021.

Federal prosecutors are recommending a prison sentence of nearly four years for a New Jersey gym owner who is on track to be the first person sentenced for assaulting a law enforcement officer during the riot at the U.S. Capitol. 

In a court filing Wednesday, prosecutors said a 44-month prison term is warranted for Scott Fairlamb because he incited and emboldened other rioters around him with his violent actions at the Capitol. 

Fairlamb is scheduled to be sentenced next Wednesday. 

Defense attorney Harley Breite says he will ask U.S. District Judge Royce Lamberth to sentence Fairlamb to jail time already served.

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