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Erik Herrera

Herrera entered the Capitol and allegedly posted a photo of himself and others in a government office.

He was messaging back and forth on social media about his presence at the event. However, there is no evidence he engaged in violence.

Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.

  • First Name(s): Erik
  • Last Name(s): Herrera
  • Case Number: 1:21-cr-619
  • Arrest Location: Los Angeles, CA
  • Judge: Beryl Howell
  • Entry Last Updated: 02/05/2023
  • Date Docket Downloaded: 04/23/2022
  • Currently Incarcerated: No
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Tampering with a Witness, Victim, or Informant-Obstruction of an Official Proceeding and Aiding and Abetting (1) Temporary Residence of the President-Entering and Remaining in a Restricted Building or Grounds (2) Violent Entry and Disorderly Conduct on Capitol Grounds-Disorderly Conduct in a Capitol Building (3) Violent Entry and Disorderly Conduct Capitol Grounds-Parading, Demonstrating, or Picketing in a Capitol Building (4)

Case Status

Herrera was arrested on 8/19/21 and appeared in court on 9/9/21. On 09/09/21, he was released on personal recognizance. He pled not guilty to all counts during a 10/15/21 arraignment. On 8/5/22, a pretrial conference took place, followed by jury selection on 8/15. On 8/19/22, a jury found Herrera guilty on all counts. Sentencing took place on 1/17/23. He was sentenced to 48 months incarceration followed by a concurrent term of 36 months of supervised release, He was ordered to pay to the Clerk of Court a special assessment in the total amount of $170, a fine in the amount of $1,000.00, and restitution in the amount of $2,000.00. Judgment in the case was appealed on 1/20/23.

USA Attorney

John Borchert
John Witherspoon Borchert. US ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA- Criminal Division 555 Fourth Street, NW Washington, DC 20001 202 252 7679 [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant US Attorney

Erik Herrera's Mailing Address


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

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