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.”
State Department Has Revoked Over 175K Visas to Date for Criminals and Others During Trump’s 2nd Term
Graphic: UK Cop Tries to Arrest Man Who Bought Baseball Bat and Carried It Out of Store, Crowd Comes to Man’s Defense Instead of Cop’s
‘Common sense against crazy’: Trump-backed candidate sounds alarm on socialist Hong in Wisconsin race
Child vaccine schedule reduced as Trump moves to dramatically shift medical power to parents
Georgia jogger runs for her life after stranger allegedly tries to mow her down 3 times
Repeat offender illegal immigrant accused of plowing pickup into Nashville crowd – now ICE wants him
FAA says flights will be paused at DCA during Freedom 250 Grand Prix
Indiana recount commission finds Trump-backed challenger victorious
36-Year-Old Alexandria Ocasio-Cortez Attempts to Control Time by Freezing Her Eggs
Potential Contamination from Mexico Triggers Salsa Recall from Walmart, Target, Kroger
Fauci discussed COVID mRNA vaccine concerns for pregnant women in text chain released by Senate committee
Board of Peace undeterred by Israel’s rejection of peace plan at this stage
Trump announces aide will soon step into White House counsel post
FBI investigated then-Attorney General Jeff Sessions one day after Comey’s firing, declassified documents show
Op-Ed: Make Families Self-Sufficient Again
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.
State Department Has Revoked Over 175K Visas to Date for Criminals and Others During Trump’s 2nd Term
Graphic: UK Cop Tries to Arrest Man Who Bought Baseball Bat and Carried It Out of Store, Crowd Comes to Man’s Defense Instead of Cop’s
‘Common sense against crazy’: Trump-backed candidate sounds alarm on socialist Hong in Wisconsin race
Child vaccine schedule reduced as Trump moves to dramatically shift medical power to parents
Georgia jogger runs for her life after stranger allegedly tries to mow her down 3 times
Repeat offender illegal immigrant accused of plowing pickup into Nashville crowd – now ICE wants him
FAA says flights will be paused at DCA during Freedom 250 Grand Prix
Indiana recount commission finds Trump-backed challenger victorious
36-Year-Old Alexandria Ocasio-Cortez Attempts to Control Time by Freezing Her Eggs
Potential Contamination from Mexico Triggers Salsa Recall from Walmart, Target, Kroger
Fauci discussed COVID mRNA vaccine concerns for pregnant women in text chain released by Senate committee
Board of Peace undeterred by Israel’s rejection of peace plan at this stage
Trump announces aide will soon step into White House counsel post
FBI investigated then-Attorney General Jeff Sessions one day after Comey’s firing, declassified documents show
Op-Ed: Make Families Self-Sufficient Again
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.









