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.”
RFK Jr. responds to snake-handling critics with new video showing him wrangling a venomous rattlesnake
Nebraska K9 sniffs out 525 pounds of cocaine during routine traffic stop, leading to California man’s arrest
EXCLUSIVE: Veterans turn war stories into music at Trump Kennedy Center in powerful patriotic showcase
Trump Debuts Brutal Cartoon Nickname for James Talarico to Kick Off Texas Senate General Election
Peak Woke: Rape Can’t Be Committed by Blacks, Muslims, or Women, According to Neo-Marxist Insanity
Conservatives erupt after DNC lashes out at top White House official with vulgar personal attack
US military carries out new strikes against Iranian military base as negotiations continue
NEW VIDEO: RFK Jr. Just One-Upped Himself, This Time Capturing a Deadly Rattlesnake with Nothing but a Tiny Net and a Bucket
Pete Hegseth Reveals Trump’s Quiet Order to Protect the Most Vulnerable Christians
Oregon Activists Gather Enough Signatures for Ballot Measure That Could Ban Hunting, Fishing
Your Christian Family Is Being Hunted Like Animals and Exterminated in Nigeria – Will You Ignore It?
Trump says Delaney Hall protesters are ‘paid’ as clashes escalate outside NJ ICE facility
Talarico makes stunning claim about why he thinks Texas elections aren’t ‘free and fair’
Watch: Fox Host Responds with Open Disgust as Anti-ICE Antagonist Attacks a Reporter for Daring to Video Their Behavior
Ron DeSantis Announces Plan to Eliminate Property Taxes for 92 Percent of Florida Homes
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.
RFK Jr. responds to snake-handling critics with new video showing him wrangling a venomous rattlesnake
Nebraska K9 sniffs out 525 pounds of cocaine during routine traffic stop, leading to California man’s arrest
EXCLUSIVE: Veterans turn war stories into music at Trump Kennedy Center in powerful patriotic showcase
Trump Debuts Brutal Cartoon Nickname for James Talarico to Kick Off Texas Senate General Election
Peak Woke: Rape Can’t Be Committed by Blacks, Muslims, or Women, According to Neo-Marxist Insanity
Conservatives erupt after DNC lashes out at top White House official with vulgar personal attack
US military carries out new strikes against Iranian military base as negotiations continue
NEW VIDEO: RFK Jr. Just One-Upped Himself, This Time Capturing a Deadly Rattlesnake with Nothing but a Tiny Net and a Bucket
Pete Hegseth Reveals Trump’s Quiet Order to Protect the Most Vulnerable Christians
Oregon Activists Gather Enough Signatures for Ballot Measure That Could Ban Hunting, Fishing
Your Christian Family Is Being Hunted Like Animals and Exterminated in Nigeria – Will You Ignore It?
Trump says Delaney Hall protesters are ‘paid’ as clashes escalate outside NJ ICE facility
Talarico makes stunning claim about why he thinks Texas elections aren’t ‘free and fair’
Watch: Fox Host Responds with Open Disgust as Anti-ICE Antagonist Attacks a Reporter for Daring to Video Their Behavior
Ron DeSantis Announces Plan to Eliminate Property Taxes for 92 Percent of Florida Homes
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.
