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.”
Watch: Hilarious Video of Bill Clinton Pushing Hillary Clinton Into Busy Intersection
Alabama teen comes to mother’s aid, knocks out stepfather during alleged strangulation attempt
Dr Oz helps older woman who collapsed during Trump’s speech at Kentucky event
Ax-wielding suspect subdued by teen military recruit’s MMA takedown in car wash clash caught on video
‘Unprecedented’ agreement releases emergency oil reserves as gas prices spark concerns
House Oversight Committee demands depositions from Bondi and Lutnick in Epstein probe
Dem lawmaker disputes police bodycam amid reports he said he was above the law: ‘On top’ or ‘on time’
Bipartisan housing push advances, but Trump-backed investor ban faces resistance
Trump administration puts key Biden-era immigration policy on notice: ‘Unsustainable cycle’
Newsom knocked for ‘insane’ California gas prices after blaming Trump for rising costs
The ‘Worst Mayor in America’ Is Attempting a Political Comeback — With a New Party
Star Murdaugh trial witness probes mysterious death of Buster’s former classmate
Kamala Harris Cancels Multiple Book Tour Stops Amid Controversy
Unusual Calls Made from NYC Terror Suspect’s Home Hours After Arrest Raise Questions: Report
Uh-Oh: Video Captures Schumer Finally Admitting It – He Hates the SAVE America Act Because It Cleans Voter Rolls in Every State
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.
Watch: Hilarious Video of Bill Clinton Pushing Hillary Clinton Into Busy Intersection
Alabama teen comes to mother’s aid, knocks out stepfather during alleged strangulation attempt
Dr Oz helps older woman who collapsed during Trump’s speech at Kentucky event
Ax-wielding suspect subdued by teen military recruit’s MMA takedown in car wash clash caught on video
‘Unprecedented’ agreement releases emergency oil reserves as gas prices spark concerns
House Oversight Committee demands depositions from Bondi and Lutnick in Epstein probe
Dem lawmaker disputes police bodycam amid reports he said he was above the law: ‘On top’ or ‘on time’
Bipartisan housing push advances, but Trump-backed investor ban faces resistance
Trump administration puts key Biden-era immigration policy on notice: ‘Unsustainable cycle’
Newsom knocked for ‘insane’ California gas prices after blaming Trump for rising costs
The ‘Worst Mayor in America’ Is Attempting a Political Comeback — With a New Party
Star Murdaugh trial witness probes mysterious death of Buster’s former classmate
Kamala Harris Cancels Multiple Book Tour Stops Amid Controversy
Unusual Calls Made from NYC Terror Suspect’s Home Hours After Arrest Raise Questions: Report
Uh-Oh: Video Captures Schumer Finally Admitting It – He Hates the SAVE America Act Because It Cleans Voter Rolls in Every State
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.
