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LOCK HAVEN -- The government is seeking a nearly four-year prison sentence for a Pennsylvania man found guilty on charges stemming from the Jan. 6, 2021, riot at the Capitol in Washington.
The U.S. attorney's office recommends Brian Gundersen, 28, of Lock Haven, serve 46 months in jail followed by three years of supervised release and be required to pay restitution of $2,000.
He is scheduled to be sentenced July 25 in District of Columbia federal court on charges of corruptly obstructing an official proceeding (Electoral College) and assaulting or impeding officers.
The maximum sentences for those counts are 20 and 8 years, respectively.
Gunderson, who remains free on personal recognizance, was found guilty Nov. 9 in a non-jury trial in Washington in which the facts were stipulated.
"Gundersen was an eager and repeated participant" in the Capitol breach that threatened the peaceful transfer of power after the 2020 presidential election, Assistant U.S. Attorney Robert Juman wrote in the sentencing memorandum filed Monday.
In later Facebook postings, according to the prosecutor, Gundersen acknowledged President Trump had sent an angry mob to the Capitol.
He cited one in which he wrote: "I love Trump but he should have been more involved in our march to make sure things went the way he intended."
Gundersen, a former high school football player in New York State who was living in State College at the time, referred to the attack as "a righteous crusade for freedom," Juman said.
Gundersen has until July 19 to file a response and argue for a lesser sentence.
The following is taken from Juman's sentencing memorandum:
Gundersen came to the Capitol, not for a peaceful protest, but expecting to "bum rush the White House and take it over."
He approached the Capitol, already aware that rioters had broken in, twice entered the building, invaded Senate offices and assaulted an officer.
After leaving the Capitol the second time, he remained in the mob of rioters trying to reenter the building.
After these attempts proved unsuccessful, he assaulted one of the police officers trying to clear rioters out of the Northwest Courtyard.
Rather than feeling remorse, Gundersen justified his resort to violence and called himself and the other rioters "heroes" and "patriots" who tried to take over the government.
The day before the riot, he asked on Facebook whether anyone else was "going to DC on the 6th" and suggested "we might be able to bum rush the white house and take it over."
He drove with his mother from Pennsylvania to attend President Trump's rally and, while there, he heard rioters had broken into the Capitol. He then joined others walking to the Capitol.
The memorandum contains a detailed description along with photos of Gundersen's activity inside and around the Capitol.
His social media statements after Jan. 6 demonstrate "not only a lack of remorse but a deep-seated belief that violence is justified in the service of one's political goals," Juman claims.
He cited as examples:
-- A Jan. 7 Facebook message of "look at these scared little bitches" along with a picture of members of Congress taking cover.
-- Called himself and the other rioters "patriots" who had been "mad enough to attack the government."
-- Joked that "we can check bum rushing the Capitol building off the list of potential ways to take over the government."
-- Regretted the "over the top" violence, not because it was wrong but because it would make the former president look bad.
-- Admitted he was rowdy but was not Antifa.
Juman points out Gundersen lied on social media and initially to the FBI before admitting in a post Jan. 25 arrest interview that he had been in the Capitol, the prosecutor said.
Although Gundersen has been determined to suffer from various mental health conditions, medical records provided by the defense also show they are not extraordinary and are being well treated with medication, he said.
More than 1,000 people have been charged in connection with the riot. As of last October, the approximate damage as the result of the siege was $2.88 million, the government says.