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.”
Clinton Contempt Vote Set for Next Week: Will Justice Be Served?
Epstein Helped Fund Lavish Lifestyle for Former Obama WH Counsel Who Gave Him Legal Advice
From Obama award to Minnesota op: Why Trump tapped Tom Homan for on-the-ground crackdown
House GOP majority on the brink as all-Democrat Texas special congressional election underway
Minnesota Gov. Tim Walz and AG Keith Ellison Set to Testify Before Congress About Massive Fraud Allegations
Conservative group blasts LinkedIn for removing pro-ICE post, labeling it ‘hateful’
Famed filmmaker presses Democrats to put ‘citizen-led’ presidential primary first
He’s Not Joking: Jim Acosta Claims Don Lemon Was Arrested Because He’s Black
LAPD arrests violent agitators after protests erupt outside federal detention center in Los Angeles
Government shuts down again after Democrats revolt over DHS funding
Left-wing activists storming synagogue use knee pads, adult diaper to mock Dem congressman over ICE vote
ICE lodges detainer for illegal immigrant accused of sexually assaulting teen
US approves massive arms sales to Israel and Saudi Arabia for more than $15 billion amid Middle East tensions
Letitia James fires attorney consumer fraud over criticism of pediatric ‘gender care’
Saudis won’t let the US use its bases or airspace for an attack on Iran, senior Gulf official reveals
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.
Clinton Contempt Vote Set for Next Week: Will Justice Be Served?
Epstein Helped Fund Lavish Lifestyle for Former Obama WH Counsel Who Gave Him Legal Advice
From Obama award to Minnesota op: Why Trump tapped Tom Homan for on-the-ground crackdown
House GOP majority on the brink as all-Democrat Texas special congressional election underway
Minnesota Gov. Tim Walz and AG Keith Ellison Set to Testify Before Congress About Massive Fraud Allegations
Conservative group blasts LinkedIn for removing pro-ICE post, labeling it ‘hateful’
Famed filmmaker presses Democrats to put ‘citizen-led’ presidential primary first
He’s Not Joking: Jim Acosta Claims Don Lemon Was Arrested Because He’s Black
LAPD arrests violent agitators after protests erupt outside federal detention center in Los Angeles
Government shuts down again after Democrats revolt over DHS funding
Left-wing activists storming synagogue use knee pads, adult diaper to mock Dem congressman over ICE vote
ICE lodges detainer for illegal immigrant accused of sexually assaulting teen
US approves massive arms sales to Israel and Saudi Arabia for more than $15 billion amid Middle East tensions
Letitia James fires attorney consumer fraud over criticism of pediatric ‘gender care’
Saudis won’t let the US use its bases or airspace for an attack on Iran, senior Gulf official reveals
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.
