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.”
Trump’s massive Arlington triumphal arch approved for construction by federal planning commission
Indiana, Florida and Alabama carry out rare US triple execution day
Watch: DeSantis Nails Midterm Blowout with Blunt Talk on Thune’s GOP Senate – ‘They Didn’t Even Attempt’ Bold Conservatism
Military Identifies Remains of WWII Soldier Who Served in Legendary Merrill’s Marauders
Big Blue Wave Gives Democrats the Power to Effectively End the Electoral College Before 2028
Vance ‘privately’ blasts Netanyahu as Iran war divides Trump administration and 2028 ambitions loom
Child molester’s looming prison release reignites sanctuary showdown in wake of Dem election sweep
DOJ Launches Criminal Investigation Into Leak of Supreme Court Decision That Overturned Roe v. Wade
California’s Sky-High Minimum Wage Claims Another Victim as Major Outback Steakhouse Franchisee Is Forced to File for Bankruptcy
Trump signs proclamation to prevent changes to Oval Office, other White House rooms
Texas State Rep Calls for Emergency Session Put Guardrails on Executive Branch Before Dems Seize Power
Midterms and 2028: Join America’s conversation here!
Left-wing troublemakers are only ‘noise’ due to large majorities: Former Virginia governor
Pirro’s office leading criminal investigation into Supreme Court Dobbs leak
DeSantis nukes ‘tech guy’ Vivek after Ohio drubbing: ‘Not in tune’ with blue-collar voters
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.
Trump’s massive Arlington triumphal arch approved for construction by federal planning commission
Indiana, Florida and Alabama carry out rare US triple execution day
Watch: DeSantis Nails Midterm Blowout with Blunt Talk on Thune’s GOP Senate – ‘They Didn’t Even Attempt’ Bold Conservatism
Military Identifies Remains of WWII Soldier Who Served in Legendary Merrill’s Marauders
Big Blue Wave Gives Democrats the Power to Effectively End the Electoral College Before 2028
Vance ‘privately’ blasts Netanyahu as Iran war divides Trump administration and 2028 ambitions loom
Child molester’s looming prison release reignites sanctuary showdown in wake of Dem election sweep
DOJ Launches Criminal Investigation Into Leak of Supreme Court Decision That Overturned Roe v. Wade
California’s Sky-High Minimum Wage Claims Another Victim as Major Outback Steakhouse Franchisee Is Forced to File for Bankruptcy
Trump signs proclamation to prevent changes to Oval Office, other White House rooms
Texas State Rep Calls for Emergency Session Put Guardrails on Executive Branch Before Dems Seize Power
Midterms and 2028: Join America’s conversation here!
Left-wing troublemakers are only ‘noise’ due to large majorities: Former Virginia governor
Pirro’s office leading criminal investigation into Supreme Court Dobbs leak
DeSantis nukes ‘tech guy’ Vivek after Ohio drubbing: ‘Not in tune’ with blue-collar voters
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.
