U.S. Court of Appeals mandate sends the case back to district court. Defense attorney says the ruling prevents the judge from acting as the ‘Ministry of Truth.’
A sentencing requirement that Jan. 6 defendant Daniel Goodwyn have his computer monitored by the government for “disinformation” has been vacated by the U.S. Court of Appeals for the District of Columbia Circuit.
The court on March 26 published a mandate sending the case back to U.S. District Judge Reggie Walton to remove the computer monitoring requirement he issued as part of the sentencing judgment in the case on June 15, 2023.
“Judge Walton had no legal basis to issue the special condition,” Carolyn Stewart, Mr. Goodwyn’s attorney, told The Epoch Times in an April 3 email.
A three-judge panel of the U.S. Circuit Court of Appeals ruled the judge “plainly erred” in imposing the computer monitoring. Judges Gregory Katsas, Naomi Rao, and Bradley Garcia issued a per curiam order vacating the monitoring provision.
Judge Walton, when imposing a 60-day jail sentence in June 2023, said Mr. Goodwyn spread “disinformation” during a broadcast of “Tucker Carlson Tonight” on March 14, 2023. Judge Walton ordered that Mr. Goodwyn’s computer be subject to “monitoring and inspection” by a probation agent to check if he spread Jan. 6 disinformation during the term of his supervised release.
The judge also referred to Mr. Goodwyn spreading alleged “misinformation,” using the term interchangeably with “disinformation.”
Mr. Goodwyn, 35, of Corinth, Texas, pleaded guilty on Jan. 31, 2023, to one misdemeanor count of entering and remaining in a restricted building or grounds without lawful authority. The charge could have meant up to a year in prison.
60 Days Behind Bars
On June 6, 2023, Judge Walton sentenced Mr. Goodwyn to 60 days in prison, a year of supervised release, a $2,500 fine, and a $500 restitution payment.
Federal prosecutors had asked for 90 days in jail, 36 months of supervised release, a $25,676 fine, and $500 in restitution. The recommended fine amount represented proceeds of a GiveSendGo web page Mr. Goodwyn uses to raise funds for his legal fees.
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