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: Trump’s NIH Director Jay Bhattacharya Unloads on Fauci Over Texts Showing He Thought One Thing, But Said Another to American Mothers
Zuckerberg Superyacht Accused of Ignoring Vessel’s Call for Help – Alaskan Cruise Captain Comes to the Rescue
Trump directs CMS Administrator Mehmet Oz to end Medicaid gender transition funding for minors
Suspect in off-duty Philadelphia officer’s car theft linked to killing of Penn State student: police
DOJ won’t rule out new charges for Reflecting Pool vandals as Trump calls to revisit dropped cases
Vulnerable Dem’s campaign pitch clashes with ‘radical’ voting record on top culture war issue
Man wanted in robbery tied to Penn State student’s murder now sought after off-duty cop shootout
Democrats give Senate GOP new midterm ammo in opposing federal voter ID
Syria’s death sentence for Assad puts new strain on revamped relationship with Russia
Watch: Another Talarico Clip Comes Back to Bite Him as He Characterizes Christians as ‘Causing Trouble’
Socialist Wisconsin governor candidate referred to America as ‘abundance of suffering,’ resurfaced post shows
HHS bureaucrats accused of ‘sabotaging’ RFK Jr’s efforts to expose Fauci records
Russia Releases American Military Veteran Who Was Taken Prisoner During Biden Administration
Replacement GOP nominee named after Rep Chuck Edwards drops re-election bid
US Marine veteran released from Russian prison after 1,666 days of detention
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: Trump’s NIH Director Jay Bhattacharya Unloads on Fauci Over Texts Showing He Thought One Thing, But Said Another to American Mothers
Zuckerberg Superyacht Accused of Ignoring Vessel’s Call for Help – Alaskan Cruise Captain Comes to the Rescue
Trump directs CMS Administrator Mehmet Oz to end Medicaid gender transition funding for minors
Suspect in off-duty Philadelphia officer’s car theft linked to killing of Penn State student: police
DOJ won’t rule out new charges for Reflecting Pool vandals as Trump calls to revisit dropped cases
Vulnerable Dem’s campaign pitch clashes with ‘radical’ voting record on top culture war issue
Man wanted in robbery tied to Penn State student’s murder now sought after off-duty cop shootout
Democrats give Senate GOP new midterm ammo in opposing federal voter ID
Syria’s death sentence for Assad puts new strain on revamped relationship with Russia
Watch: Another Talarico Clip Comes Back to Bite Him as He Characterizes Christians as ‘Causing Trouble’
Socialist Wisconsin governor candidate referred to America as ‘abundance of suffering,’ resurfaced post shows
HHS bureaucrats accused of ‘sabotaging’ RFK Jr’s efforts to expose Fauci records
Russia Releases American Military Veteran Who Was Taken Prisoner During Biden Administration
Replacement GOP nominee named after Rep Chuck Edwards drops re-election bid
US Marine veteran released from Russian prison after 1,666 days of detention
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.
