Washington, DC criminal defense lawyer represented Defendant charged with obstruction of an official proceeding, and four misdemeanor offenses, including entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a Capitol Building; disorderly conduct in a Capitol Building, and parading, demonstrating, or picketing in a Capitol Building.

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Erik Herrera, age 35, of El Cajon, California, was among rioters who illegally entered the Capitol on Jan. 6, 2021. Among other places, he was in groups that entered the Capitol at the Senate Fire Door and the Senate Wing Door. He also posted a photograph of himself holding papers inside the Senate Parliamentarian's office. Herrera is a photographer but was not in the Capitol as a credentialed journalist. On Jan. 7, 2021, he admitted on social media that a press patch he was wearing had not been issued by a media organization. He wrote, "I don't have a monopoly on press badges. They're on Amazon for like $8 ... No special permission to buy.”



Herrera was arrested on Aug. 19, 2021, in Los Angeles and was convicted by a jury on August 19, 2022.



The case was prosecuted by the U.S. Attorney's Office for the District of Columbia. Valuable assistance was provided by the Department of Justice National Security Division's Counterterrorism Section and the U.S. Attorney's Offices for the for the Southern and Central Districts of California, the District of Arizona, and the Western District of Pennsylvania.



The case was investigated by the FBI's San Diego and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police, the Secret Service, Metropolitan Police Department, and the Metro Transit Police Department.



In the 24 months since Jan. 6, 2021, more than 950 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 284 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.



18:1512(c)(2) and 2; TAMPERING WITH A WITNESS, VICTIM OR INFORMANT; Obstruction of an Official Proceeding and Aiding and Abetting

(1)

18:1752(a)(1); TEMPORARY RESIDENCE OF THE PRESIDENT; Entering and Remaining in a Restricted Building or Grounds

(2)

18:1752(a)(2); TEMPORARY RESIDENCE OF THE PRESIDENT; Disorderly and Disruptive Conduct in a Restricted Building or Grounds

(3)

40:5104(e)(2)(D); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Disorderly Conduct in a Capitol Building

(4)

40:5104(e)(2)(G); VIOLENT ENTRY AND DISORDERLY CONDUCT ON CAPITOL GROUNDS; Parading, Demonstrating, or Picketing in a Capitol Building

(5)

Defendant was sentenced to 48 months in prison, followed by three years of supervised release and was ordered to pay $2,000 restitution and was fined $1,000.00.



01/13/2023 80  RESPONSE TO ORDER OF THE COURT by ERIK HERRERA re Order, (Ortega, Cuauhtemoc) (Entered: 01/13/2023)

01/13/2023 81  RESPONSE TO ORDER OF THE COURT by USA as to ERIK HERRERA re Order, (Cook, Christopher) (Entered: 01/13/2023)

01/13/2023 82  TRANSCRIPT OF PROCEEDINGS, in case as to ERIK HERRERA, before Chief Judge Beryl A. Howell, held on 8-05-2022. Page Numbers: 1 - 121. Date of Issuance: 1-13-2023. Court Reporter: Elizabeth Saint-Loth, Telephone number: 202-354-3242, Transcripts may be ordered by submitting the Transcript Order Form



For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.



NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.



Redaction Request due 2/3/2023. Redacted Transcript Deadline set for 2/13/2023. Release of Transcript Restriction set for 4/13/2023.(Saint-Loth, Elizabeth) (Entered: 01/13/2023)