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.”
North Korean Hackers Hijacked US Employee Webcams to Steal Hundreds of Millions – The FBI Just Put a Stop to It
These AI Startups Want To Predict Your Moves, Speak For The Dead — And ‘Take Your Jobs’
Buttigieg takes swipe at Trump administration amid FAA flight chaos
NYC DSA urges AOC to run for president while planning to take over City Council
Congress’ incoming wealthiest member vows to crack down on politicians getting rich in office
Virginia parents charged after house party draws hundreds of teens, fireworks and alleged underage drinking
OnlyFans model Courtney Clenney moved to new prison, listed as minimum custody inmate: records
Trump’s top officials retreat behind military gates as ex-FBI deputy points to what’s fueling threats
Dem Senator Who Called for RFK Jr to ‘Resign or Be Fired’ Is Backed By Big Pharma
Inside Senate GOP’s tense post-election reckoning as Thune clashes with Republican critics
Fed Up Over Soaring Power Bills, Georgia Voters Hand Spend-Happy Democrats Power Over What They Pay for Electricity
Democrat Pushes GOP Leadership to Renew Warrantless Spying Before His Party Takes Power
Bird Flu Outbreak Rages in Blue State as Illegal Farm Hands Dodge Health Officials, Union Says
Marc Siegel hopes readers will ‘look for signs from God’ through his new book The Angels Among Us
Small town residents cry for help as immigrant influx fueled by trucking industry has unintended consequences
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.
North Korean Hackers Hijacked US Employee Webcams to Steal Hundreds of Millions – The FBI Just Put a Stop to It
These AI Startups Want To Predict Your Moves, Speak For The Dead — And ‘Take Your Jobs’
Buttigieg takes swipe at Trump administration amid FAA flight chaos
NYC DSA urges AOC to run for president while planning to take over City Council
Congress’ incoming wealthiest member vows to crack down on politicians getting rich in office
Virginia parents charged after house party draws hundreds of teens, fireworks and alleged underage drinking
OnlyFans model Courtney Clenney moved to new prison, listed as minimum custody inmate: records
Trump’s top officials retreat behind military gates as ex-FBI deputy points to what’s fueling threats
Dem Senator Who Called for RFK Jr to ‘Resign or Be Fired’ Is Backed By Big Pharma
Inside Senate GOP’s tense post-election reckoning as Thune clashes with Republican critics
Fed Up Over Soaring Power Bills, Georgia Voters Hand Spend-Happy Democrats Power Over What They Pay for Electricity
Democrat Pushes GOP Leadership to Renew Warrantless Spying Before His Party Takes Power
Bird Flu Outbreak Rages in Blue State as Illegal Farm Hands Dodge Health Officials, Union Says
Marc Siegel hopes readers will ‘look for signs from God’ through his new book The Angels Among Us
Small town residents cry for help as immigrant influx fueled by trucking industry has unintended consequences
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.
