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.”
US Agency Releases Startling Report on Anti-Christian Persecution in Major Islamic Country
Inside the US military playbook to cripple Iran if nuclear talks collapse
Spain readies for evacuations as a hantavirus-hit cruise ship heads for the Canary Islands
California abortion pill suppliers plot workarounds ahead of Supreme Court mifepristone decision
Accused street takeover mastermind charged after wild stunts, machine gun chaos: police
Catfish Farmers, Undertakers, Miners Celebrate Major Trump Admin EPA Deregulation
Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further
California professor accused of killing pro-Israel protester will ‘likely’ avoid lengthy prison sentence
Watch As Democrat Xavier Becerra Calls Migrant Kids Lost Under His Watch MAGA Talking Point
LGBTQ ‘lavender graduations’ set to take place at major Christian colleges, including one with a drag show
Fact Check: No, Kash Patel Is Not Having Custom Bourbon Made on the FBI’s Dime
All gas, no brakes: Wild moments in Trumpworld this week that captured attention
Trump throws his base a UFO bone, but critics say it’s Iran ‘smoke and mirrors’
Two-party politics ‘dead and buried’ in UK after local election bloodbath
Democrats shy away from questions on whether Harris should run for president in 2028
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.
US Agency Releases Startling Report on Anti-Christian Persecution in Major Islamic Country
Inside the US military playbook to cripple Iran if nuclear talks collapse
Spain readies for evacuations as a hantavirus-hit cruise ship heads for the Canary Islands
California abortion pill suppliers plot workarounds ahead of Supreme Court mifepristone decision
Accused street takeover mastermind charged after wild stunts, machine gun chaos: police
Catfish Farmers, Undertakers, Miners Celebrate Major Trump Admin EPA Deregulation
Connecticut pro-Second Amendment group sounds alarm on Glock-style ban, fear Democrats will go even further
California professor accused of killing pro-Israel protester will ‘likely’ avoid lengthy prison sentence
Watch As Democrat Xavier Becerra Calls Migrant Kids Lost Under His Watch MAGA Talking Point
LGBTQ ‘lavender graduations’ set to take place at major Christian colleges, including one with a drag show
Fact Check: No, Kash Patel Is Not Having Custom Bourbon Made on the FBI’s Dime
All gas, no brakes: Wild moments in Trumpworld this week that captured attention
Trump throws his base a UFO bone, but critics say it’s Iran ‘smoke and mirrors’
Two-party politics ‘dead and buried’ in UK after local election bloodbath
Democrats shy away from questions on whether Harris should run for president in 2028
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.
