A federal appeals court in Washington has ordered a new sentence for a retired Air Force officer who stormed the U.S. Capitol dressed in combat gear, in a ruling issued Friday that could affect dozens of other cases arising from the 6 attack January 2021.

While a panel of the U.S. Court of Appeals for the D.C. Circuit upheld Larry Brock’s conviction, the court said a judge improperly applied an enhancement that extended the recommended prison sentence under federal guidelines.

The enhancement on the grounds that Brock’s conduct resulted in substantial interference with the administration of justice has been applied in more than 100 other cases involving Jan. 6 defendants, said Patricia Hartman, a spokesperson for the U.S. attorney’s office in Washington. suspects who have not yet served their prison sentence can insist on new sentences.

Asked whether prosecutors will appeal the ruling, Hartman said they are considering their options.

Brock was sentenced last year to two years in prison after being convicted of a misdemeanor count of obstruction of an official proceeding and misdemeanor assault. He is serving his sentence in a federal prison in Missouri and is expected to be released in December, online Bureau of Prisons records show.

Brock’s attorney did not immediately respond to an email seeking comment Friday.

The obstruction charge is already at the center of another case in which the U.S. Supreme Court will hear arguments next month that could overturn hundreds of Capitol riot cases. The justices agreed to hear an appeal filed by lawyers against another rioter charged with obstruction of an official proceeding, one of the most common charges following the Jan. 6 attack.

In Brock’s case, the appeals court said the sentencing enhancement applies to judicial proceedings but does not extend to interfering with the certification of the electoral vote. That’s what Congress would do on January 6, when supporters of

then president

Trump stormed the Capitol.

“Brock’s interference in one phase of the Electoral College vote counting process, while undoubtedly endangering our democratic processes and temporarily derailing the constitutional work of Congress, did not disrupt the administration of justice,” the three-judge panel wrote.

It is unclear to what extent Brock or other defendants’ sentences could be reduced if re-sentenced. With the sentencing enhancement, the range in Brock’s case was 24 to 30 months under federal guidelines. U.S. District Judge John Bates sentenced Brock to the lower end of these guidelines, which only guide judges when considering sentences and are not mandatory.

Brock’s attorney has said in court filings that the misapplied enhancement likely increased his client’s sentence by about nine months. Prosecutors had asked for a five-year prison sentence.

Brock, of Grapevine, Texas, wore a helmet and tactical vest as he joined the mob that attacked the Capitol and entered the Senate floor just minutes after Vice President Mike Pence, senators and their staff evacuated the chamber. Brock picked up a discarded pair of zip-tie handcuffs and was photographed in a widely shared photo holding the handcuffs on the Senate floor.

His attorney said in court filings that Brock did not pick up the handcuffs to cause harm.