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.”
Democrats’ Dismal Approval Numbers Could Help GOP Hold House and Senate: NBC News
Stevens Shares Devastating Election Eve Piece On Why She Disowned El-Sayed, Democratic Party: ‘How Will He Represent an Entire State?’
Florida polling places in 7 counties are moving locations due to flooding
Federal judge tosses Trump admin Harvard admissions lawsuit, leaves door open to future challenge
The battle for Congress is just the beginning. Here’s what’s at stake on Election Day
Ex-Chicago FBI chief sues DOJ, claims he was ousted over failed anti-ICE prosecutions
Mamdani threatens to sue Trump admin over ICE’s use of city-owned lots for immigration enforcement
Democrats rally around el Sayed after Stevens defection in final hours of campaign
‘Ilhan Omar’ May Have Already Compromised National Security, Foreign Affairs Committee Members Say
Ex-West Point cadet sued for secretly drugging pregnant girlfriend with abortion pills
JD Vance says Haley Stevens’ endorsement of GOP’s Mike Rogers will ‘certainly’ help Michigan Senate race
How a midterm tie gets settled in the case of the Senate
Judge Boasberg orders DOJ to stop demanding California officials set aside 20,000 ballots
Fed. Judge Suspended for Psychiatric Eval After Anti-White Outburst in Court Leads to Astoundingly Racist Quotes
Michigan County Stonewalls Reporter’s Attempt to Expose What El-Sayed Had to Say About Oct. 7
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.
Democrats’ Dismal Approval Numbers Could Help GOP Hold House and Senate: NBC News
Stevens Shares Devastating Election Eve Piece On Why She Disowned El-Sayed, Democratic Party: ‘How Will He Represent an Entire State?’
Florida polling places in 7 counties are moving locations due to flooding
Federal judge tosses Trump admin Harvard admissions lawsuit, leaves door open to future challenge
The battle for Congress is just the beginning. Here’s what’s at stake on Election Day
Ex-Chicago FBI chief sues DOJ, claims he was ousted over failed anti-ICE prosecutions
Mamdani threatens to sue Trump admin over ICE’s use of city-owned lots for immigration enforcement
Democrats rally around el Sayed after Stevens defection in final hours of campaign
‘Ilhan Omar’ May Have Already Compromised National Security, Foreign Affairs Committee Members Say
Ex-West Point cadet sued for secretly drugging pregnant girlfriend with abortion pills
JD Vance says Haley Stevens’ endorsement of GOP’s Mike Rogers will ‘certainly’ help Michigan Senate race
How a midterm tie gets settled in the case of the Senate
Judge Boasberg orders DOJ to stop demanding California officials set aside 20,000 ballots
Fed. Judge Suspended for Psychiatric Eval After Anti-White Outburst in Court Leads to Astoundingly Racist Quotes
Michigan County Stonewalls Reporter’s Attempt to Expose What El-Sayed Had to Say About Oct. 7
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.
