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 rips congestion pricing, calls for immediate end: ‘A disaster for New York’
Senate advances $174B package as Minnesota ICE shooting fuels DHS funding fight
Man Arrested After Attack on School Bus Seriously Injures 8-Year-Old Girl
Iran’s crown prince calls for renewed nationwide protests despite killings: ‘This is a war’
Brooks Koepka Returns to PGA Tour, Opening the Door for Other LIV Stars – But There’s an $85 Million Catch
Fox News Politics Newsletter: Trump declares himself Venezuela’s ‘acting president’
Trump announces ‘final’ 25% tariff on countries doing business with Iran regime
Former Navy SEAL convicted for trying to harm police with explosives during California ‘No Kings’ protests
Celebrities Wear Anti-ICE Pins at Golden Globes in Tribute to Renee Good
House Democrats ask judge to block Noem’s revived ICE visit rule, say DHS defied court order
Conservative legal group targets CFPB rule mandating race, sex data in home loans
Trump Says the Military ‘Is Looking at Some Strong Options’ on Iran
DOJ charges illegal immigrant with Tren de Aragua ties after Border Patrol shooting in Portland
Riley Gaines says her show’s rebrand will ‘broaden’ its scope of discussions
Powell reveals what it would take to step down from the Fed as pressure mounts
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 rips congestion pricing, calls for immediate end: ‘A disaster for New York’
Senate advances $174B package as Minnesota ICE shooting fuels DHS funding fight
Man Arrested After Attack on School Bus Seriously Injures 8-Year-Old Girl
Iran’s crown prince calls for renewed nationwide protests despite killings: ‘This is a war’
Brooks Koepka Returns to PGA Tour, Opening the Door for Other LIV Stars – But There’s an $85 Million Catch
Fox News Politics Newsletter: Trump declares himself Venezuela’s ‘acting president’
Trump announces ‘final’ 25% tariff on countries doing business with Iran regime
Former Navy SEAL convicted for trying to harm police with explosives during California ‘No Kings’ protests
Celebrities Wear Anti-ICE Pins at Golden Globes in Tribute to Renee Good
House Democrats ask judge to block Noem’s revived ICE visit rule, say DHS defied court order
Conservative legal group targets CFPB rule mandating race, sex data in home loans
Trump Says the Military ‘Is Looking at Some Strong Options’ on Iran
DOJ charges illegal immigrant with Tren de Aragua ties after Border Patrol shooting in Portland
Riley Gaines says her show’s rebrand will ‘broaden’ its scope of discussions
Powell reveals what it would take to step down from the Fed as pressure mounts
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.
