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 DOJ shores up anti-abortion groups’ support amid bid to salvage $1.8 billion Planned Parenthood lawsuit
NTSB recovers cockpit voice recorder from Learjet crash site in Florida
Iran Accused of Hacking French Supermarket Refrigerators in Latest Cyber Attacks: ‘Unprecedented’
Watch: Liam Neeson Unable to Hide His Disgust When He Learns How Netflix Is Butchering ‘Narnia’
South Carolina dad left sleeping 6-year-old in line for Pokémon cards at Target: police
Dana White takes questions at podium during White House briefing with Trump
Jeffries vows Democrats won’t ‘give a dime’ to Trump’s deportation efforts
Watch: CNN Interview Blows Up in Garcia’s Face After He Talks About Stephen Miller’s Crimes, But Can’t Name Any… Twice
Trump tells DHS chief to work with Democrats on immigration reform, but no amnesty
Breaking: GOP Navy SEAL Vet Holds on to House Seat in Battleground State
Trump’s redistricting gamble faces reckoning as GOP holdouts claim vindication
FBI investigates suspected homicide aboard MSC Seascape cruise ship after sudden return to Texas
Arizona Republican holds House seat, surviving re-election scare
White House doubles down after Trump angers base by floating illegal alien deal with Dems
Hakeem Jeffries’ Speakership Hopes Take a Blow as Newly Elected Democrats Bring Chaos on Their First Day in D.C.
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 DOJ shores up anti-abortion groups’ support amid bid to salvage $1.8 billion Planned Parenthood lawsuit
NTSB recovers cockpit voice recorder from Learjet crash site in Florida
Iran Accused of Hacking French Supermarket Refrigerators in Latest Cyber Attacks: ‘Unprecedented’
Watch: Liam Neeson Unable to Hide His Disgust When He Learns How Netflix Is Butchering ‘Narnia’
South Carolina dad left sleeping 6-year-old in line for Pokémon cards at Target: police
Dana White takes questions at podium during White House briefing with Trump
Jeffries vows Democrats won’t ‘give a dime’ to Trump’s deportation efforts
Watch: CNN Interview Blows Up in Garcia’s Face After He Talks About Stephen Miller’s Crimes, But Can’t Name Any… Twice
Trump tells DHS chief to work with Democrats on immigration reform, but no amnesty
Breaking: GOP Navy SEAL Vet Holds on to House Seat in Battleground State
Trump’s redistricting gamble faces reckoning as GOP holdouts claim vindication
FBI investigates suspected homicide aboard MSC Seascape cruise ship after sudden return to Texas
Arizona Republican holds House seat, surviving re-election scare
White House doubles down after Trump angers base by floating illegal alien deal with Dems
Hakeem Jeffries’ Speakership Hopes Take a Blow as Newly Elected Democrats Bring Chaos on Their First Day in D.C.
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.
