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.”
Ukraine Annihilates 3,000 Enemy Troops by Dropping Killer Robots Behind Russian Lines, Makes World History
GOP AGs Target Wall Street Big 3 for Punishing Companies with Bad Credit for Refusing to Comply with Woke ESG
California K-9 Otis helps police seize 440 pounds of cocaine during Alhambra traffic stop
Shooting near Baltimore youth football event leaves 12-year-old girl dead, 3 adults wounded
Trump touts ‘golden age’ at Ohio rally, urges voters to deliver GOP midterm wins
Cornell president says university ‘must do better’ on handling of sexual assault allegations
South Carolina mom couldn’t remember last time she fed 2 daughters before they were found dead: affidavit
Another One: College Prof, Ex-Dem Candidate Arrested After His DNA Found in 15-Year-Old’s Rape Kit, Cops Say
Education Dept. Goes Viral with Takedown of ‘Fake News’ Story on Loan Cuts: No More Handouts for Failing Degrees
Even Healthcare Workers Are Dropping Health Coverage as Obamacare Premiums Hit New Heights
Trump drops Republican Senator’s phone number in social post over fury on stalled bill
Republicans Pour Unprecedented Amounts of Money Defending Seats Trump Won by Double Digits
Spencer Pratt Reveals the Secret Behind His Viral Campaign Ads – And What Every Other Politician Is Doing Wrong
Tennessee prison chief resigns after failed execution as former US attorney tapped to lead independent review
Firebrand GOP rep: Democrats side with Iran ‘simply because they hate’ Trump
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.
Ukraine Annihilates 3,000 Enemy Troops by Dropping Killer Robots Behind Russian Lines, Makes World History
GOP AGs Target Wall Street Big 3 for Punishing Companies with Bad Credit for Refusing to Comply with Woke ESG
California K-9 Otis helps police seize 440 pounds of cocaine during Alhambra traffic stop
Shooting near Baltimore youth football event leaves 12-year-old girl dead, 3 adults wounded
Trump touts ‘golden age’ at Ohio rally, urges voters to deliver GOP midterm wins
Cornell president says university ‘must do better’ on handling of sexual assault allegations
South Carolina mom couldn’t remember last time she fed 2 daughters before they were found dead: affidavit
Another One: College Prof, Ex-Dem Candidate Arrested After His DNA Found in 15-Year-Old’s Rape Kit, Cops Say
Education Dept. Goes Viral with Takedown of ‘Fake News’ Story on Loan Cuts: No More Handouts for Failing Degrees
Even Healthcare Workers Are Dropping Health Coverage as Obamacare Premiums Hit New Heights
Trump drops Republican Senator’s phone number in social post over fury on stalled bill
Republicans Pour Unprecedented Amounts of Money Defending Seats Trump Won by Double Digits
Spencer Pratt Reveals the Secret Behind His Viral Campaign Ads – And What Every Other Politician Is Doing Wrong
Tennessee prison chief resigns after failed execution as former US attorney tapped to lead independent review
Firebrand GOP rep: Democrats side with Iran ‘simply because they hate’ Trump
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.
