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.”
Trump blames vandals for dead grass on National Mall where he hosted 4th of July celebration
NYPD officers fatally shoot man armed with butcher knife after he advanced toward cops: police
Louisiana man accused of killing wife, propping her body up for multistate drive
Todd Blanche backs Jeanine Pirro after Lincoln Memorial pool vandalism case dismissal
Trump orders major cut to US-South Korea drills as North Korea ramps up missile tests
Long Island street takeover erupts as drivers block road, perform donuts, burnouts: police
CENTCOM commander touts USS Abraham Lincoln mental health record after more than 260 days without port call
Wes Moore: Trump’s response to USS Lincoln crew concerns ‘pisses me off’
Anti-Israel nonprofit under federal investigation over financial dealings: report
Progressive Minneapolis mayor’s viral hip-hop moves spark ‘humiliation ritual’ mockery online
This Chinese Company Imports Workers And Is Accused Of Polluting Hungary’s Water. It Also Gets Tax Breaks In US.
Federal judge clears path for border wall construction in Arizona
Humanoid robots could patrol southern border, CEO pitches, as futuristic technology moves closer to reality
Men Are Not Women: Stand Up for the Truth
The only map you need to see as California’s billionaire tax fight heats up
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.
Trump blames vandals for dead grass on National Mall where he hosted 4th of July celebration
NYPD officers fatally shoot man armed with butcher knife after he advanced toward cops: police
Louisiana man accused of killing wife, propping her body up for multistate drive
Todd Blanche backs Jeanine Pirro after Lincoln Memorial pool vandalism case dismissal
Trump orders major cut to US-South Korea drills as North Korea ramps up missile tests
Long Island street takeover erupts as drivers block road, perform donuts, burnouts: police
CENTCOM commander touts USS Abraham Lincoln mental health record after more than 260 days without port call
Wes Moore: Trump’s response to USS Lincoln crew concerns ‘pisses me off’
Anti-Israel nonprofit under federal investigation over financial dealings: report
Progressive Minneapolis mayor’s viral hip-hop moves spark ‘humiliation ritual’ mockery online
This Chinese Company Imports Workers And Is Accused Of Polluting Hungary’s Water. It Also Gets Tax Breaks In US.
Federal judge clears path for border wall construction in Arizona
Humanoid robots could patrol southern border, CEO pitches, as futuristic technology moves closer to reality
Men Are Not Women: Stand Up for the Truth
The only map you need to see as California’s billionaire tax fight heats up
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.
