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Press Release

Montana Man Sentenced to 38 Months in Prison for Actions During Jan. 6 Capitol Breach

For Immediate Release
U.S. Attorney's Office, District of Columbia
He and His Brother Were Among First Rioters Inside the Capitol, Entered the Senate Gallery and Senate Chambers

            WASHINGTON – A Montana man, who was charged along with his brother, was sentenced in the District of Columbia today to a prison term for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. Joshua Calvin Hughes’s actions and the actions of others, including his brother, Jerod Wayne Hughes, disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Joshua Hughes, 39, was sentenced to 38 months in prison. Jerod Hughes, 37, is scheduled to be sentenced on Jan. 6, 2023. The brothers, both of East Helena, Montana, pleaded guilty on Aug. 25, 2022, to obstruction of an official proceeding.

            According to court documents, on Jan. 6, 2021, the brothers attended a rally near the Ellipse. They then walked toward the U.S. Capitol, where they illegally entered the Capitol grounds. They joined a group of rioters on the northern set of stairs on the west side of the Capitol Building. They were part of the crowd that pushed past a line of law enforcement officers at the top of the staircase, forcing the officers to retreat. Both men entered the Capitol Building at approximately 2:13 p.m. through a window next to the Senate Wing Door that had been shattered by other rioters. Joshua and Jerod Hughes were among the first rioters to enter the Capitol Building on Jan. 6.

            Once in the building, Jerod Hughes joined another rioter in trying to kick open the Senate Wing door. The brothers kept moving, following other rioters who were chasing Capitol Police officer Eugene Goodman into the Ohio Clock Corridor. During a stand-off there, Jerod Hughes screamed and made aggressive gestures towards the officers. They then moved towards and entered the Senate Gallery. By approximately 2:48 p.m., they entered the Senate Chamber, among the first rioters there. They walked among the senators’ desks for approximately two minutes and then left the Capitol Building.

            Both men were arrested on Feb. 1, 2021, in Montana.

            Following Joshua Hughes’s prison term, he will be placed on three years of supervised release. He also must pay $2,000 in restitution.  As part of his plea agreement, Jerod Hughes has also agreed to pay $2,000 in restitution.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Montana.

            The case was investigated by the FBI’s Salt Lake City Field Office and its Helena, Montana Resident Agency, and the FBI’s Washington Field Office, which identified Joshua Hughes as #42 on its seeking information photos, as well as the Metropolitan Police Department. Valuable assistance was provided by the U.S. Capitol Police.

            In the 22 months since Jan. 6, 2021, nearly 900 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 275 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit

Updated November 22, 2022

Violent Crime
Press Release Number: 22-421