Benjamin Martin of Madera County is almost free and clear after federal prosecutors asked an appeals court to drop a gun charge in a Jan. 6 Capitol riot-related case.

Wednesday afternoon, Acting U.S. Attorney for the Eastern District of California Michelle Beckwith filed a motion to vacate Martin’s conviction for illegal possession of a weapon. A judge would still need to sign off on the request for it to take effect.

On March 6, a three-judge appellate panel ordered Martin’s release from prison while on appeal. It appears he will be a free man after serving six weeks in prison.

“The government has accordingly determined that the most efficient and prudent course — and the one most consistent with the President’s instructions — is to move to vacate Martin’s conviction and dismiss the indictment,” Beckwith and Assistant U.S. Attorney Nirav Desai wrote.

Two Jan. 6 Related Convictions

Fresno-based federal judge Jennifer Thurston found Martin guilty of being a prohibited person in possession of firearms in September 2024. Martin had a previous domestic violence conviction in state court. The gun charge involved weapons at his Madera County home and stemmed from a federal investigation into Martin for his role in the Jan. 6, 2021, riot at the U.S. Capitol.

In a separate trial earlier in 2024, a Washington, D.C. jury found Martin guilty of two felonies and several misdemeanors for his actions during the riot. Investigators accused Martin of holding a door open at the Capitol while others entered.

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

After self-surrendering to federal authorities in January, Martin started serving his sentence at a low-security prison in Lompoc. Attorneys for Martin appealed, arguing the pardon should apply to the gun charge as well.

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