(AP) – A Florida man who breached the U.S. Senate chamber carrying a Trump campaign flag is scheduled to become the first Jan. 6 rioter sentenced for a felony.

The hearing Monday in Washington will help set a benchmark for punishment in similar cases. Prosecutors want Paul Allard Hodgkins to serve 18 months behind bars, saying he and other rioters “contributed to the collective threat to democracy.” But a lawyer for Hodgkins is asking a federal judge not to impose a prison sentence, saying the shame that will attach to Hodgkins should be factored in as punishment. Hodgkins was never accused of assaulting anyone or damaging property.