Social media photos confirm Gundersen was at the Capitol on Jan. 6th. He told a friend he entered the building and walked the hallways. There is no evidence he engaged in violent activitiy.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Brian
- Last Name(s): Gundersen
- Case Number: 1:21-cr-137
- Arrest Location: State College, PA
- Judge: Thomas Hogan
- Entry Last Updated: 01/04/2024
- Date Docket Downloaded: 04/12/2022
- Currently Incarcerated: Yes
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Charges
Obstruction of an Official Proceeding and Aiding and Abetting (1) Entering and Remaining in a Restricted Building or Grounds (2) Disorderly and Disruptive Conduct in a Restricted Building or Grounds (3) Disorderly Conduct in a Capitol Building (4) Parading, Demonstrating, or Picketing in a Capitol Building (5)
Case Status
Gundersen was arrested on1/27/21. Conditions of release set on 02/02. He pleaded not guilty on 3/31. Status conference were held on 11/3, and 3/7/22, 5/5/22, and 8/31.. Motion hearing held on 9/19/22. On 11/9/22, he was found guilty of counts 1 and 2 at a stipulated bench trial. On 7/25/23, he was sentenced to 18 months of prison time, followed by 36 months of probation. He was ordered to pay a special assessment of $200. On 8/18/23, an appeal of the final judgment was filed.
USA Attorney
Kevin Birney
Kevin Birney
US ATTORNEY'S OFFICE-
555 Fourth Street, NW, Washington, DC 20530
202 252 7165
[email protected]
LEAD ATTORNEY-ATTORNEY TO BE NOTICED-Designation: US Assistant Attorney
Brian Gundersen's Mailing Address
Brian Gundersen-37294-509
FCI LORETTO
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 1000
CRESSON, PA 16630
Release Date: 01/22/2025
Please note: Prisoner mail is reviewed by guards. Please keep messages of encouragement to a general and/or religious nature. For example, do not mention the events of Jan. 6th or other current events under criminal investigation.
Case Documents
- Brian Gundersen Docket Sheet as of 04/12/2022
- #1-COMPLAINT as to BRIAN GUNDERSEN
- #5-ORDER Setting Conditions of Release as to BRIAN GUNDERSEN (1) Personal Recognizance
- #7-INFORMATION as to BRIAN GUNDERSEN
- #8-SUPERSEDING INDICTMENT as to BRIAN GUNDERSEN
- #9-MOTION to Continue and to Exclude Time Under the Speedy Trial Act by USA as to BRIAN GUNDERSEN
- #11-ORDER granting 9 Motion to Continue and to Exclude as to BRIAN GUNDERSEN
- #12-Unopposed MOTION for Protective Order re Discovery by USA as to BRIAN GUNDERSEN
- #13-ORDER granting 12 Motion for Protective Order as to BRIAN GUNDERSEN
- #14-Unopposed MOTION for Disclosure of 6(e) and Sealed Materials by USA as to BRIAN GUNDERSEN
- #15-Arrest Warrant, dated 1.25.2021, returned executed in the U.S. District Court for the Dis
- #16-ORDER granting 14 Motion for Disclosure as to BRIAN GUNDERSEN
- #17-Case as to BRIAN GUNDERSEN directly reassigned to Judge Thomas F. Hogan by consent
- #18-MOTION to Exclude Time Under the Speedy Trial Act by USA as to BRIAN GUNDERSEN
- #19-NOTICE of Filing (Request for Bill of Particulars) by BRIAN GUNDERSEN
- #20-NOTICE of Filing by USA as to BRIAN GUNDERSEN re 19 Notice
- #21-SECOND SUPERSEDING INDICTMENT as to BRIAN GUNDERSEN
- #23-NOTICE of Status of Discovery by USA as to BRIAN GUNDERSEN
- #24-NOTICE of Status of Discovery by USA as to BRIAN GUNDERSEN
- #25-Joint MOTION to Continue Status Hearing, Joint MOTION for Speedy Trial Exclusion of Time by USA as to BRIAN GUNDERSEN.
- #27NOTICE of Status of Discovery by USA as to BRIAN GUNDERSEN
- #28-NOTICE of Status of Discovery by USA as to BRIAN GUNDERSEN
- #29-Joint MOTION to Continue Status Hearing, Joint MOTION for Speedy Trial Exclusion of Time by USA as to BRIAN GUNDERSEN_
- #30-NOTICE of Status of Discovery by USA as to BRIAN GUNDERSEN
- #31-NOTICE OF SUBSTITUTION OF COUNSEL as to USA
- #32-NOTICE of United States' Memorandum Regarding Status of Discovery as of February 9, 2022 by USA as to BRIAN GUNDERSEN
- #34-Unopposed MOTION to Continue Status Hearing by BRIAN GUNDERSEN
- #37-MOTION to Dismiss Count One by BRIAN GUNDERSEN
- #38-MOTION to Dismiss Count Four and Five by BRIAN GUNDERSEN
- #40-RESPONSE by USA as to BRIAN GUNDERSEN re 37 MOTION to Dismiss Count One
- #41-RESPONSE by USA as to BRIAN GUNDERSEN re 38 MOTION to Dismiss Count Four and Five
- #43-AGREEMENT AND WAIVER of Trial by Jury as to BRIAN GUNDERSEN
- #45-Unopposed MOTION to Continue Sentencing Hearing by BRIAN GUNDERSEN
- #47-SENTENCING SCHEDULING ORDER as to BRIAN GUNDERSEN
- #48-MOTION to Amend_Correct [10] Order Setting Conditions of Release, by BRIAN GLENN BINGHAM
- #49-Joint STATUS REPORT CONCERNING MOTION TO AMEND CONDITIONS OF RELEASE by USA as to BRIAN GLENN BINGHAM
- #50-MOTION to Continue Trial and Extend Pretrial Deadlines by BRIAN GLENN BINGHAM
- #51-MOTION in Limine by USA as to BRIAN GLENN BINGHAM
- #53-MOTION to Dismiss Count Three, Four, Five, and Six by BRIAN GLENN BINGHAM
- #54-MOTION for Extension of Time to File Additional Pretrial Motion, MOTION for Extension of Time to by BRIAN GLENN BINGHAM
- #55-NOTICE OF ATTORNEY APPEARANCE Jake Struebing appearing for USA
- #56-MOTION to Change Venue by BRIAN GLENN BINGHAM
- #57-NOTICE of Public Authority Defense by BRIAN GLENN BINGHAM
- #58-RESPONSE by USA as to BRIAN GLENN BINGHAM re 53 MOTION to Dismiss Count Three, Four, Five, and Six
- #59-RESPONSE by USA as to BRIAN GLENN BINGHAM re 56 MOTION to Change Venue
- #60-RESPONSE by USA as to BRIAN GLENN BINGHAM re 57 Notice (Other)
- #62-Unopposed MOTION to Continue Motions Hearing, Unopposed MOTION to Exclude Time Under the Speedy Trial Act by USA as to BRIAN GLENN BINGHAM
- #63-PRETRIAL ORDER as to BRIAN GLENN BINGHAM
- #64-MOTION to Continue Pretrial Motions Hearing and to Exclude Time Under the Speedy Trial Act by BRIAN GLENN BINGHAM
- #65-ORDER granting [63] the Motion for an Extension of Time to file a notice of appeal as to defendant BRIAN GUNDERSEN
- #66-NOTICE OF APPEAL - Final Judgment by BRIAN GUNDERSEN
- #68-REDACTED DOCUMENT by BRIAN GUNDERSEN of Sentencing Memorandum
- #73-MOTION for Release from Custody Pending Appeal by BRIAN GUNDERSEN
- #74-Memorandum in Opposition by USA as to BRIAN GUNDERSEN re 73 Motion for Release from Custody
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