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.”
Newsom’s ‘Golden State Start’ promises 400 free diapers per baby as California grapples with budget woes
U.S. military kills two alleged narco-terrorists in lethal strike on drug vessel in Eastern Pacific
Reckoning: Islamic Group with Terror Ties Set to Be Investigated by GOP
Trump Preparing to Fire FDA Commissioner Amid Nicotine Dispute and Pro-Life Outcry: Report
Video shows ICE officers arrest alleged MS-13 gang member described as ‘known suspected terrorist’ in Florida
Green Politician Wants to Limit Nursing Home Residents to 2.8 Oz of Meat per Week Due to Climate Change – That’s Less Than 1 Big Mac … Per Week
Obama Slammed for ‘Disgusting’ Decision to Speak at Event Organized by Man with Troubling Past
Utah Supreme Court justice resigns amid probe into alleged relationship with redistricting attorney
Fox News Campus Radicals Newsletter: Men admitted to all-women’s school, bizarre campus confrontation
James Comey criminal trial over ’86 47′ post set for July 15
Georgia mayor fires entire police department after officers complain about his wife in dispute
Virginia Democrat who helped lead state’s redistricting push also played part in killing it
Declassified Apollo mission UFO files challenge long-running Moon landing conspiracy theories
Human Remains Found Near Guthrie Home Create New Mystery, Fail to Solve Current One
Can’t Make It Up: Islamic Activist Behind ‘Muslims Only’ Waterpark Day Also Runs ‘Learing’ Center of Her Very Own
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.
Newsom’s ‘Golden State Start’ promises 400 free diapers per baby as California grapples with budget woes
U.S. military kills two alleged narco-terrorists in lethal strike on drug vessel in Eastern Pacific
Reckoning: Islamic Group with Terror Ties Set to Be Investigated by GOP
Trump Preparing to Fire FDA Commissioner Amid Nicotine Dispute and Pro-Life Outcry: Report
Video shows ICE officers arrest alleged MS-13 gang member described as ‘known suspected terrorist’ in Florida
Green Politician Wants to Limit Nursing Home Residents to 2.8 Oz of Meat per Week Due to Climate Change – That’s Less Than 1 Big Mac … Per Week
Obama Slammed for ‘Disgusting’ Decision to Speak at Event Organized by Man with Troubling Past
Utah Supreme Court justice resigns amid probe into alleged relationship with redistricting attorney
Fox News Campus Radicals Newsletter: Men admitted to all-women’s school, bizarre campus confrontation
James Comey criminal trial over ’86 47′ post set for July 15
Georgia mayor fires entire police department after officers complain about his wife in dispute
Virginia Democrat who helped lead state’s redistricting push also played part in killing it
Declassified Apollo mission UFO files challenge long-running Moon landing conspiracy theories
Human Remains Found Near Guthrie Home Create New Mystery, Fail to Solve Current One
Can’t Make It Up: Islamic Activist Behind ‘Muslims Only’ Waterpark Day Also Runs ‘Learing’ Center of Her Very Own
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.
