A Central Valley man convicted of Jan. 6-related crimes and pardoned by President Donald Trump but also found guilty on a separate gun charge is expected to be a free man later today.

A three-judge panel from the Ninth Circuit Court of Appeals ordered Benjamin Martin of Madera County released while he appeals his conviction. Troy Nunley, chief judge for the Eastern District federal court — which includes Fresno — signed the order Wednesday.

“He’s excited to be out. We’re excited that the system’s correcting itself and this injustice is being rectified,” Martin family attorney Nate Miller told GV Wire.

“We’re excited to have him back. This whole thing has been a nightmare for his family. It’s been traumatic. It’s been long. Being in prison has been terrible,” Miller said.

The developments come six weeks after Martin self-surrendered to federal authorities in Fresno.

Last June, a federal jury in Washington, D.C., convicted him of two felonies and several misdemeanors for his role in the attack on the U.S. Capitol. Investigators accused Martin of holding a door open while others entered.

Fresno-based federal Judge Jennifer Thurston additionally found Martin guilty of a gun offense in September 2024, stemming from the FBI’s Jan. 6 investigation. Law enforcement officers found firearms in the safe of Martin’s home. Previously convicted of domestic violence, Martin was not allowed to have firearms.

Martin received 13 months for the Jan. 6 crimes and 38 months for the gun offense. Trump pardoned all Jan. 6 convicts in one of his first actions in office. The pardon, however, didn’t apply to his gun charge.

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New Attorney Secures Release

The Martin family hired Miami-based attorney George Pallas, who has helped other Jan. 6 clients win release. He took over for federal public defenders, who had been representing Martin.

Pallas filed an appeal motion on Feb. 27, arguing the pardon should also apply to the gun charge.

The next day, appeal court judges Barry Silverman, Milan Smith Jr. and Bridget Bade ordered Martin’s release, with the same bail conditions as during his trial phase.

The appeal judges were appointed by presidents Bill Clinton, George W. Bush, and Trump (during his first term), respectively.

“In light of the government’s statement of non-opposition and ‘request that this Court grant Martin’s motion for release pending appeal and order that he be released from BOP custody,’” the court docket said.

In a filing with the court, Acting U.S. Attorney for the Eastern District, Michelle Beckwith, said her office did not oppose the request for release.

“There is a substantial question of law or fact regarding Martin’s pardon that supports release pending appeal,” Beckwith and Assistant U.S. Attorney Nirav Desai wrote.

Nunley signed the order Wednesday after Thurston — a Biden appointment and the original trial judge — disqualified herself. Thurston did not list a reason why in her order.

Martin’s gun conviction remains in effect. The court has not set a date for the appeal.