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.”
Pure Evil: Missouri Mother Pleads Out After Baking Tiny Baby to Death in Oven – Her Sentence Proves Society Has Lost Its Way
Illegal alien allegedly grabs school police officer’s gun, shoots him in femoral artery: DOJ
Previously Deported Illegal Alien Charged with Horrific Crimes Against Louisiana Child
Michigan student confronts El-Sayed over Iran stance in tense exchange: ‘Do you stand with us?’
Soft-on-Crime DA Called ‘Bloody Mary’ Caught Trying to Toss Child-Killer’s Life Sentence Because It’s Just Not Fair
Tylenol murders mystery deepens after sheriff’s office solves decades-old ‘Unknown Wanderer’ cold case
Woke Liberal Busted Pretending to Be Palestinian Apologizes: ‘I Am a White Woman of Significant Privilege’
Local Virginia GOP chair says Arlington County officials prioritize illegal immigrants over public safety
PHOTOS: Trump rolls out the red carpet and a B-1 flyover for Xi’s arrival
Judge questions whether national security concerns could ever justify Trump’s press ban
Hawley zeroes in on Lia Thomas locker room controversy: ‘Did they consent?’
Inside GOP Senate hopeful’s financial ties to controversial data center boom
Florida plastic surgeon found guilty of murdering attorney who vanished from bloody office
Check Your Kitchen: Tons of Beef, Pork Recalled Over Fake USDA Inspection Stamps
GOP hopeful removes ‘Pro-Trump’ mention from campaign slogan in deep-red seat
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.
Pure Evil: Missouri Mother Pleads Out After Baking Tiny Baby to Death in Oven – Her Sentence Proves Society Has Lost Its Way
Illegal alien allegedly grabs school police officer’s gun, shoots him in femoral artery: DOJ
Previously Deported Illegal Alien Charged with Horrific Crimes Against Louisiana Child
Michigan student confronts El-Sayed over Iran stance in tense exchange: ‘Do you stand with us?’
Soft-on-Crime DA Called ‘Bloody Mary’ Caught Trying to Toss Child-Killer’s Life Sentence Because It’s Just Not Fair
Tylenol murders mystery deepens after sheriff’s office solves decades-old ‘Unknown Wanderer’ cold case
Woke Liberal Busted Pretending to Be Palestinian Apologizes: ‘I Am a White Woman of Significant Privilege’
Local Virginia GOP chair says Arlington County officials prioritize illegal immigrants over public safety
PHOTOS: Trump rolls out the red carpet and a B-1 flyover for Xi’s arrival
Judge questions whether national security concerns could ever justify Trump’s press ban
Hawley zeroes in on Lia Thomas locker room controversy: ‘Did they consent?’
Inside GOP Senate hopeful’s financial ties to controversial data center boom
Florida plastic surgeon found guilty of murdering attorney who vanished from bloody office
Check Your Kitchen: Tons of Beef, Pork Recalled Over Fake USDA Inspection Stamps
GOP hopeful removes ‘Pro-Trump’ mention from campaign slogan in deep-red seat
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.
