A federal appeals court on Monday vacated a 30-day prison sentence for a neighbor of Sen. Rand Paul (R-Ky.) who assaulted him in 2017, ruling it was overly lenient and ordering a resentencing.
In a 16-page opinion, Judge Jane B. Stranch of the 6th Circuit Court of Appeals, writes that the lower court where Rene Boucher pleaded guilty to assaulting a member of Congress had “no compelling justification” for sentencing him far below federal guidelines.
“Federal defendants with a criminal history category of I [the lowest possible level] who were convicted of assault received an average sentence of 26 months’ imprisonment and a median sentence of 21 months,” the ruling states, citing data. “We therefore VACATE Boucher’s sentence and REMAND for resentencing.”
FAA investigates after incoming plane executes go-around due to aircraft leaving from intersecting runway
Responders put out explosive blaze at fireworks stand in Oklahoma
Obama Center visitors say project symbolic of ‘Black excellence,’ claim scandal-free legacy while Trump ripped
Trump administration probe could upend widely used transgender youth treatment guidelines
Chinese AI models raise ‘sleeper agent’ fears after report finds more vulnerable code for US users
Angel Dads face another Father’s Day without children killed by illegal immigrants: ‘She should be graduating’
Trump’s contracting controversies in the spotlight following no-bid Reflecting Pool deal
Can Ed Hale, a former Democrat, rebuild the Larry Hogan coalition in Maryland?
JD Vance arrives in Switzerland to join Kushner and Witkoff for new round of Iran negotiations
Trump says much of water in Reflecting Pool likely to be drained: ‘Necessary repairs’
Pope Leo sends unmistakable message on immigrants during visit honoring America’s first saint
Former Olympian among those charged with vandalizing Reflecting Pool; Trump says basin must be drained: report
Obama Presidential Center follows widely-mocked ‘stolen land’ acknowledgment with Native American dance show
Children among 6 wounded in Maryland mass shooting as detectives work to determine what occurred
Manhunt underway for Kansas City shooting spree suspect near World Cup venue; FBI offering $25K reward
The opinion offers examples of other 30-day sentences for assaulting members of Congress and notes that the damage paled in comparison to that of Boucher, who broke five of Paul’s ribs and caused injuries that later required part of Paul’s lung to be removed.
For example, in 1981, two defendants were each sentenced to 30 days for throwing eggs at a congressman without hitting him, while a third defendant was sentenced to 15 days for spitting on a senator at an airport, writes Stranch, an Obama appointee.
“These prison terms were similar to Boucher’s, but the offense conduct was quite different—as the Government argues, ‘it is difficult to understand why a tackle resulting in long-term serious injuries warrants the same sentence as an egg toss or spit in the face,’” the ruling states.
FAA investigates after incoming plane executes go-around due to aircraft leaving from intersecting runway
Responders put out explosive blaze at fireworks stand in Oklahoma
Obama Center visitors say project symbolic of ‘Black excellence,’ claim scandal-free legacy while Trump ripped
Trump administration probe could upend widely used transgender youth treatment guidelines
Chinese AI models raise ‘sleeper agent’ fears after report finds more vulnerable code for US users
Angel Dads face another Father’s Day without children killed by illegal immigrants: ‘She should be graduating’
Trump’s contracting controversies in the spotlight following no-bid Reflecting Pool deal
Can Ed Hale, a former Democrat, rebuild the Larry Hogan coalition in Maryland?
JD Vance arrives in Switzerland to join Kushner and Witkoff for new round of Iran negotiations
Trump says much of water in Reflecting Pool likely to be drained: ‘Necessary repairs’
Pope Leo sends unmistakable message on immigrants during visit honoring America’s first saint
Former Olympian among those charged with vandalizing Reflecting Pool; Trump says basin must be drained: report
Obama Presidential Center follows widely-mocked ‘stolen land’ acknowledgment with Native American dance show
Children among 6 wounded in Maryland mass shooting as detectives work to determine what occurred
Manhunt underway for Kansas City shooting spree suspect near World Cup venue; FBI offering $25K reward
However, the ruling adds that “while that is true, those three cases occurred roughly 40 years ago, before the Sentencing Commission or the Guidelines even existed. Their age and limited number make them less helpful to our analysis.”
More recent cases involving assaults on federal officers involve significantly longer sentences, such as a 2015 sentence of 24 months for a defendant who pushed a door into the arm of a government doctor and a 2014 case in which the defendant was given 21 months for bloodying a customs officer’s nose and ear.
Story cited here.
