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.”
Platner campaign putting ‘thumb on scale’ to influence possible replacement, Maine Dem alleges
Former acting DHS secretary warns Chinese criminal organizations are infiltrating America’s hemp industry
America 250 attendees rally behind Trump’s July 4 speech: ‘What we needed to hear’
This Texan led armed ‘community defense’ for leftists. Now he’s serving 100 years behind bars
Trump says Iran ceasefire is ‘over’ after Iranian attacks trigger massive US response
Tyler Robinson’s and Lance Twiggs’ DNA both allegedly found on key evidence in Charlie Kirk’s assassination
US Navy identifies sailor lost in Arabian Sea after helicopter’s emergency water landing
Noncitizen accused of falsely claiming US citizenship before casting federal ballots
Abbott orders probe after Texas hospital advertises ‘birth packages’ in Mexico: ‘Citizenship is not for sale’
Scott Jennings Gives Firsthand Update on Mitch McConnell Mystery
‘Trans’ House Democrat Says Trump’s 2024 ‘They/Them’ Ad Only Worked Because Dems Refused to Counter Message
New explosive allegation rocks Platner campaign still reeling from rape accusation
Dem with White House ambitions ripped after backing two scandal-plagued candidates: ‘Troubling’
DHS buys two California migrant detention centers for $1.5B to boost ICE deportation capacity
Tragic TDS: Dem Lawmaker from One of Poorest Districts in US Says Avoid Trump Accounts That Could Give Poor Kids $250k by Age 18
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.
Platner campaign putting ‘thumb on scale’ to influence possible replacement, Maine Dem alleges
Former acting DHS secretary warns Chinese criminal organizations are infiltrating America’s hemp industry
America 250 attendees rally behind Trump’s July 4 speech: ‘What we needed to hear’
This Texan led armed ‘community defense’ for leftists. Now he’s serving 100 years behind bars
Trump says Iran ceasefire is ‘over’ after Iranian attacks trigger massive US response
Tyler Robinson’s and Lance Twiggs’ DNA both allegedly found on key evidence in Charlie Kirk’s assassination
US Navy identifies sailor lost in Arabian Sea after helicopter’s emergency water landing
Noncitizen accused of falsely claiming US citizenship before casting federal ballots
Abbott orders probe after Texas hospital advertises ‘birth packages’ in Mexico: ‘Citizenship is not for sale’
Scott Jennings Gives Firsthand Update on Mitch McConnell Mystery
‘Trans’ House Democrat Says Trump’s 2024 ‘They/Them’ Ad Only Worked Because Dems Refused to Counter Message
New explosive allegation rocks Platner campaign still reeling from rape accusation
Dem with White House ambitions ripped after backing two scandal-plagued candidates: ‘Troubling’
DHS buys two California migrant detention centers for $1.5B to boost ICE deportation capacity
Tragic TDS: Dem Lawmaker from One of Poorest Districts in US Says Avoid Trump Accounts That Could Give Poor Kids $250k by Age 18
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.
