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.”
California AG sues hospital that ended gender transition treatment for minors to comply with Trump policies
Trump backs former critic Sununu in high-stakes swing state Senate race
Deputy AG denies 5-year-old, father has asylum claim after family released from ICE detention
Florida Airbnb host arrested after alleged lewd act with vacuum at Disney-area resort community
Trump announces two-year closure of Trump Kennedy Center for major renovations
NYPD officers save choking 2-year-old boy, bodycam video shows
Government shutdowns may be fewer, but they’re increasingly disruptive
Trump considers legal action against Michael Wolff and Epstein estate after latest document release
What Tyler Robinson’s defense wants hidden and why prosecutors and media say no in court
‘Christ or Chaos’: Former Pastor of Invaded Minneapolis Church Has a Message for America
How Activists Embed Leftist Ideology in K–12 Schools
Deputy attorney general says ‘I don’t know’ why Gabbard was present at Georgia FBI raid
Senate Republicans push for House GOP rebellion against funding package, voter ID legislation
From Rodney King to Spitting and Kicking Alex Pretti, the Left’s Flawed Hero Worship Never Changes
Former Planned Parenthood Worker Gives Haunting Account of Her Past Work
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.
California AG sues hospital that ended gender transition treatment for minors to comply with Trump policies
Trump backs former critic Sununu in high-stakes swing state Senate race
Deputy AG denies 5-year-old, father has asylum claim after family released from ICE detention
Florida Airbnb host arrested after alleged lewd act with vacuum at Disney-area resort community
Trump announces two-year closure of Trump Kennedy Center for major renovations
NYPD officers save choking 2-year-old boy, bodycam video shows
Government shutdowns may be fewer, but they’re increasingly disruptive
Trump considers legal action against Michael Wolff and Epstein estate after latest document release
What Tyler Robinson’s defense wants hidden and why prosecutors and media say no in court
‘Christ or Chaos’: Former Pastor of Invaded Minneapolis Church Has a Message for America
How Activists Embed Leftist Ideology in K–12 Schools
Deputy attorney general says ‘I don’t know’ why Gabbard was present at Georgia FBI raid
Senate Republicans push for House GOP rebellion against funding package, voter ID legislation
From Rodney King to Spitting and Kicking Alex Pretti, the Left’s Flawed Hero Worship Never Changes
Former Planned Parenthood Worker Gives Haunting Account of Her Past Work
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.
