Capitol rioter mistakenly released from prison after appeals court ruling, prosecutors say

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy The federal Bureau of Prisons mistakenly released an Iowa man from custody before he finished serving his 30-month sentence for storming the Senate chamber during a mob's attack on the U.S. Capitol, Justice Department prosecutors said in a court filing this week. The Bureau of Prisons told The Associated Press that Kelly was “inadvertently released” last week after a “misinterpretation of a court order.” The bureau’s statement doesn’t elaborate on the reason for the error, but it says that Kelly, 39, reported to a probation officer “as instructed” and remains free while awaiting a resentencing hearing. Prosecutors also are asking the judge to schedule a hearing for resentencing now that Kelly's only felony conviction has been tossed by the federal appeals court for the District of Columbia circuit. After the ruling, prosecutors and defense attorney Nicholas Smith joined in asking the appeals court to vacate Kelly's obstruction conviction.