When you start this D.C. Circuit opinion about a January 6 defendant's sentence, you might think it's about the Capitol riots. You will be disappointed (or delighted) to learn that it's actually a grammar lesson, complete with diagramed sentences. Seriously. Conclusion: This fellow can't be sentenced to both prison and probation for the same petty offense. Nice try on trying to “sidestep the bar on supervised release for petty offenders,” and “subject petty offenders to a term of post-confinement monitoring five time longer than the term imposed on some felons.” Dissent: C'mon! The word "same" at issue in the statute here is an adjective, not a pronoun.
The case is United States v. Little, 22-3018 (D.C. Cir. Aug. 18, 2023).