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.”
Biden-appointed judge with history of fiery Trump clashes erupts at DOJ: ‘You’ve lost all credibility!’
Republican lawmakers break with Trump on diesel deal with Russia
Federal agents conduct predawn search of Ilhan Omar’s home in Washington
Watch: Talarico Said He Went to Urgent Care, Now Says He Went to His Doctor 200 Miles Away – What Do We Know?
Big GOP Midterm News: Polling in 9 Key Senate Races Shows GOP Candidates Leading
Democrats see new chances to flip red states — but a $400M GOP spending advantage could derail their plans
SC Dem Senate candidate claims she will stand up to her party as Graham ties her to ‘socialist Democrats’
Pennsylvania gunman who killed 8 was grandfather who seemed normal, victim relatives say
Immigration enforcement officials search Ilhan Omar’s home in pre-dawn raid
Trump’s backyard is quietly transforming into ‘Silicon Valley South’ as wealthy Americans flock in
Jim Justice could shake up West Virginia politics with ‘clash of the titans’ 2028 governor run
Suspect in deadly Philadelphia police ambush faces 76 charges, ordered held without bail
Maduro-linked fugitive nabbed over alleged scheme to cash in on Venezuelans’ basic needs
Pregnant mom just 4 days from giving birth among 8 killed in Pennsylvania massacre: reports
Minnesota homecoming shooting suspect out on bond after gunfire sends football fans fleeing
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.
Biden-appointed judge with history of fiery Trump clashes erupts at DOJ: ‘You’ve lost all credibility!’
Republican lawmakers break with Trump on diesel deal with Russia
Federal agents conduct predawn search of Ilhan Omar’s home in Washington
Watch: Talarico Said He Went to Urgent Care, Now Says He Went to His Doctor 200 Miles Away – What Do We Know?
Big GOP Midterm News: Polling in 9 Key Senate Races Shows GOP Candidates Leading
Democrats see new chances to flip red states — but a $400M GOP spending advantage could derail their plans
SC Dem Senate candidate claims she will stand up to her party as Graham ties her to ‘socialist Democrats’
Pennsylvania gunman who killed 8 was grandfather who seemed normal, victim relatives say
Immigration enforcement officials search Ilhan Omar’s home in pre-dawn raid
Trump’s backyard is quietly transforming into ‘Silicon Valley South’ as wealthy Americans flock in
Jim Justice could shake up West Virginia politics with ‘clash of the titans’ 2028 governor run
Suspect in deadly Philadelphia police ambush faces 76 charges, ordered held without bail
Maduro-linked fugitive nabbed over alleged scheme to cash in on Venezuelans’ basic needs
Pregnant mom just 4 days from giving birth among 8 killed in Pennsylvania massacre: reports
Minnesota homecoming shooting suspect out on bond after gunfire sends football fans fleeing
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.
