A federal appeals court has vacated part of the conviction of a Clinton County man charged in the January 6, 2021 riot at the Capitol in Washington.

The U.S. Court of Appeals for the District of Columbia District on Monday approved the government’s and defense’s joint motion in the case of Brian Gundersen, 30, of Lock Haven.

The obstruction of an official proceeding charge was dropped, but not the assault or obstruction officer count.

The official procedure was for Congress to convene as the Electoral College to certify the results of the 2020 presidential vote.

Gundersen had been sentenced to concurrent terms of 18 months followed by three years of supervised release, but was free pending appeal.

The basis of the joint motion to release the number of obstacles was 6-3 The June Supreme Court ruling that evidence must include that the defendants attempted to alter or destroy documents.

The decision was on appeal by former North Cornwall District, Lebanon County Police Officer Joseph Fischer.

In April, a judge released Gundersen from prison, noting that he had served six months and that if the obstruction conviction was vacated, his sentence for the remaining count would be recalculated to possibly less time than he served.

Gundersen was found guilty in a non-jury trial on stipulated facts in November 2022.

He argued that his conduct in the assault charge consisted of jumping into a riot shield.

Assistant U.S. Attorney Robert Juman, in a brief filed last December opposing Gundersen’s release pending the appeal, wrote:

“He yelled at the police and entered the Capitol twice. After leaving the Capitol, he remained in the mob of rioters, trying to re-enter the building.

“His violent conduct incited and encouraged other violent rioters around him.

“After the riot, rather than feeling remorse, Gundersen was proud of his actions.

“He justified his ‘resort to violence’ and called himself and the other rioters ‘heroes’ and ‘patriots’ who tried to ‘take over the government’ by ‘boom rushing the Capitol building.’

The appeals court’s decision sent Gundersen’s case to federal court in the District of Columbia for further proceedings.

Gundersen, a former New York state high school football player, was living in State College when the Capitol riot occurred.