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.”
Two 14-year-olds flee MTA officers, remain missing after vanishing from New Jersey train station
Judge rules Dan Sullivan can appear on Alaska primary ballot against Sen. Dan Sullivan
Jeffries welcomes Democratic Socialists into the fold as critics warn party is revealing ‘exactly who it is’
Polygamous sect leader convicted of abuse charges after girls found in trailer on Arizona highway
Hezbollah rejects Israel and Lebanon’s peace framework: ‘Null and void’
Trump unloads on ‘lunatic’ John Bolton after ex-aide pleads guilty in classified docs case
Man who set Virginia council member on fire over alleged affair gets 40-year sentence
Carville calls for formal ‘schism’ with socialist candidates: ‘Can’t be in the same party’
Bill Maher presses Vance over Trump’s election fraud claims: ‘That s*** has to stop’
Former House intel leader points to Dem rhetoric ‘encouraging’ violence as 8th man charged in UFC terror plot
Hollywood Libs Pour Love on Beijing, Tout China as ‘First Petro-Zero Economy,’ But Facts Show Different Story
Global Elitism at Work: Amid Heatwave, European Commission Shuts Off AC – But Only For Lower-Level Workers
Bill Barr says Todd Blanche isn’t ‘a toady,’ urges senate to confirm Trump’s AG pick
Kentucky man charged with boating under the influence after female passenger, 19, goes missing
US search and rescue teams deploy to help Venezuela earthquake response
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.
Two 14-year-olds flee MTA officers, remain missing after vanishing from New Jersey train station
Judge rules Dan Sullivan can appear on Alaska primary ballot against Sen. Dan Sullivan
Jeffries welcomes Democratic Socialists into the fold as critics warn party is revealing ‘exactly who it is’
Polygamous sect leader convicted of abuse charges after girls found in trailer on Arizona highway
Hezbollah rejects Israel and Lebanon’s peace framework: ‘Null and void’
Trump unloads on ‘lunatic’ John Bolton after ex-aide pleads guilty in classified docs case
Man who set Virginia council member on fire over alleged affair gets 40-year sentence
Carville calls for formal ‘schism’ with socialist candidates: ‘Can’t be in the same party’
Bill Maher presses Vance over Trump’s election fraud claims: ‘That s*** has to stop’
Former House intel leader points to Dem rhetoric ‘encouraging’ violence as 8th man charged in UFC terror plot
Hollywood Libs Pour Love on Beijing, Tout China as ‘First Petro-Zero Economy,’ But Facts Show Different Story
Global Elitism at Work: Amid Heatwave, European Commission Shuts Off AC – But Only For Lower-Level Workers
Bill Barr says Todd Blanche isn’t ‘a toady,’ urges senate to confirm Trump’s AG pick
Kentucky man charged with boating under the influence after female passenger, 19, goes missing
US search and rescue teams deploy to help Venezuela earthquake response
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.
