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Jan. 6 rioter who threatened Rep. Ocasio-Cortez sentenced to 38 months in prison

Garret Miller was wearing an "I was there" T-shirt when he was arrested.

A Jan. 6 rioter who threatened Rep. Alexandria Ocasio-Cortez on social media after having participated in the attack on the Capitol was sentenced Wednesday to 38 months in prison.

Prosecutors had asked for a sentence of 48 months in prison for Garret Miller, an unemployed Texan who, they noted, was wearing a T-shirt bearing President Donald Trump's picture and the words “I was there, Washington, D.C., January 6, 2021" when he was arrested weeks after the attack.

Garret Miller.
Garret Miller.U.S. District Court for the District of Columbia

Miller's defense lawyer had asked for a sentence of 30 months, which would essentially be time served, because he has been locked up since his arrest in late January 2021.

The feds said the higher sentence was warranted, in part because of his threat to Ocasio-Cortez, D-N.Y.

Ocasio-Cortez had tweeted the word "impeach" after the riot, to which Miller responded, "assassinate AOC."

In addition to the prison time, U.S. District Judge Carl Nichols ordered 36 months of supervised release, according to the U.S. attorney's office in Washington, D.C.

Miller’s lawyer, Clint Broden, praised the judge for his “careful consideration of the case” and noted the sentence was “significantly less than the sentence sought by the government.” He said his client has “expressed his sincere remorse.”

“It should be always be remembered that, although Garret is fully responsible for his individual actions that day, his actions and the actions of many others were a product of rhetoric from a cult leader that has yet to be brought to justice,” Broden said.

Miller, of Richardson, Texas, pleaded guilty to 11 counts, including "assaulting, resisting or impeding" officers during the riot, "interstate threat to injure or kidnap" for his Ocasio-Cortez threat and "entering or remaining in a restricted building" — the Capitol.

"Despite an otherwise law-abiding life, on January 6, 2021, Miller had no respect for the law. He went to the Capitol to take over the building, stop the certification, and terrorize both lawmakers and the law enforcement officers protecting them," prosecutors said in their sentencing memo to the judge. "He threatened the life of a Congresswoman. And then he went home [and] bragged about his attack on the Capitol."

In addition, Miller "openly discussed his desire to doxx the officer" who shot fellow rioter Ashli Babbitt and “hug his neck with a nice rope,” the filing said.

Broden countered in court filings that while his client "did make the tweet responding to Congresswoman Ocasio-Cortez and engaged in the vile private messenger chat regarding the Capitol Police Officer he believed killed a protestor, there is no indication that he made any effort whatsoever to actually harm anybody (in fact, every indication is to the contrary)."

Garret Miller at the U.S. Capitol on Jan. 6, 2021.
Garret Miller at the U.S. Capitol on Jan. 6, 2021.U.S. District Court for the District of Columbia

In a letter to the judge, Miller apologized for his role in the riot and the threatening posts. "It was unnecessary, barbaric, and disrespectful. I was proud, arrogant, and acted in anger. I needed to be humbled. My social media posts were disgusting and a complete embarrassment," he wrote.

Broden said his client was remorseful and had fallen victim to the "various election conspiracy claims that spread on the internet like a plague while he was unemployed."

Prosecutors questioned his level of remorse and noted that while he did eventually plead guilty to the five felony and six misdemeanor counts, he pleaded to some of the charges on the eve of his trial in December and to the remaining charges after the trial started.

Garret Miller at the U.S. Capitol on Jan. 6, 2021.
Garret Miller at the U.S. Capitol on Jan. 6, 2021.U.S. District Court for the District of Columbia

They also noted he signed a letter in September along with other Jan. 6 detainees complaining they were "Political Prisoners on American soil who have been unjustly and unfairly incarcerated."

"It is clear he has no remorse and does not believe he committed any crimes," their filing said.

Broden argued his client had suffered enough.

"As a result of his actions, Mr. Miller has already served approximately 25 months confinement — most of it under very difficult conditions — and will forever be a felon," he wrote.