A Madera County man convicted of Jan. 6 Capitol riot crimes and gun-related offenses in a second trial, is headed to prison.

Benjamin Martin, 46, is scheduled to self-surrender in Fresno on Wednesday to federal prison officials, the Department of Justice tells GV Wire. The federal Bureau of Prisons will determine where Martin will serve.

A federal jury in Washington convicted Martin — a former real estate agent and noted conservative activist — of two felonies and several misdemeanors on June 27, 2024, for his role in the Jan. 6, 2021, riot.

However, Martin also faced another trial on one count of possession of a firearm and ammunition by a person with a prior conviction for misdemeanor domestic violence. In a one-day bench trial on Sept. 10, 2024, Judge Jennifer Thurston found Martin guilty.

Thurston sentenced Martin to 38 months. However, his sentencing for his Jan. 6 conviction — possibly an additional six months — is in question because of President Donald Trump’s sweeping pardons of individuals involved in the attack on the Capitol.

Related Story: Madera’s Ben Martin Convicted of Illegal Firearm Possession After Capitol ...

In an executive order in his first day in office Monday, Trump granted a “complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021.”

Heather Williams, a public defender representing Martin, said it is unclear if Martin is on the pardon list. That information should come soon.

“The leftist rogue judge does not understand the pardon,” Martin said in a brief comment to GV Wire on Tuesday. “There is no justice in the legal system.”

DOJ spokesperson Lauren Horwood said, “The court ruled that the firearms conviction was not covered by the pardon— it did not occur at or near the Capitol.”

Sentenced to 38 Months, Plus Jan. 6 Penalty

Federal agents arrested Martin on Sept. 2, 2021, in his Madera County home for his role in the Jan. 6 riot.

Martin faced two separate trials — one for Jan. 6, and another case heard in Fresno for an illegal firearm found during the initial search at his home. Martin was found guilty in both cases.

In addition to the 38 months in the Madera case, Washington Judge Rudolph Contreras sentenced Martin to 13 months for one count of civil disorder; 12 months on two counts of disorderly and disruptive conduct in a restrictive building; and six months for two counts of violent entry and disorderly conduct on Capitol grounds.

The time will run concurrently, meaning a maximum of 13 months. And, seven of those 13 months will be served concurrently with his firearm sentencing.

If the Jan. 6 charges hold, Martin could serve a maximum of 44 months.

Williams said the overall sentence could be reduced for good time credits, and any previous time served — about two days in a Fresno County jail after his initial arrest.

Martin has not yet served time in prison for any federal charges.

His attorneys filed an appeal in the firearm case to the Ninth Circuit Court of Appeals. Opening briefs are due Feb. 19.

Related Story: Ben Martin Attorney: He’s not Guilty of Capitol Riot Crimes

Jan. 6 and Firearm Case

Prosecutors accused Martin on Jan. 6 of making his way to the north side of the U.S. Capitol, following Trump’s rally on the National Mall.

“Martin commanded that the two officers guarding the doors ‘let us in,’ but the officers did not respond. Martin remained at the front of the group of rioters, at one point shouting, ‘our house,’ in an officer’s face,” a DOJ news release said.

“At some point, one of the doors was briefly opened from the inside as a rioter exited the building. Martin then reached past the officers in front of the door, grabbed it, and entered the building over the sound of an alarm. Other rioters flooded in behind him,” the DOJ said.

The DOJ said Martin held the doors open as others attacked security officers. Martin resisted attempts by officers to get him to release, including withstanding baton strikes. Officers eventually removed Martin, but he opened the door again.

“Martin remained in the area for over an hour as rioters attempted to reenter the building, telling officers that ‘we are going to rise up against an oppressive government’ and admonishing them to ‘Walk away from [their] posts.’ Martin eventually left the area as more officers arrived,” the DOJ said.

In an interview with GV Wire following his September 2021 arrest by the FBI, Martin claimed that he was caught up in the mob and just trying to act as a peacemaker.

Federal agents executed a search warrant at Martin’s Madera County home during his Sept. 2, 2021, arrest. A safe and closet in the home contained several firearms, according to his criminal complaint in the Fresno case.

Martin had a prior domestic violence conviction in Fresno County Superior Court in 2018. As part of the sentencing, Martin was not allowed to possess a firearm.

GV Wire News Director Bill McEwen contributed to this story.