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.”
‘Bond villain’: Newsom roasted as photo of him posing with ‘sugar daddy’ Alex Soros goes viral
Watch: House Democrat Makes Spectacularly Hypocritical Argument Against Holding the Clintons in Contempt of Congress
Here Are the 9 Dems Who Voted to Hold Clintons in Contempt – 2 Are Jaw-Droppers Few People Ever Saw Coming
Former special counsel Jack Smith to testify publicly over Trump investigations
Trump and world leaders sign Gaza Board of Peace charter
A rare filing in the Lisa Cook–Trump case could sway Supreme Court justices
Congress strikes rare agreement on Chinese espionage threats to US drivers
US immigration authorities allow suspect in $100M jewelry heist to self-deport before trial
Judge rules NYC’s lone Republican congressional district unconstitutional, orders redraw
Rahm Emanuel calls for mandatory retirement age of 75 for people in public office
Teen mass killer pleads guilty to NC rampage that left five dead, including brother, police officer
Barron Trump Saved a Woman’s Life as She Was Being Beaten by Her Boyfriend in UK, Reported Victim Says
Organizer of GoFundMe for ‘agitating the Nazis’ involved in anti-ICE uprising at Minneapolis church
Jury reaches verdict in trial of ex-Uvalde school police officer accused of failing to confront gunman
BREAKING: Brace for Riots – Cuban Illegal / Child Molester’s Death in ICE Custody Ruled Homicide, Despite Fact That Testimony Came from Other Detainees
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.
‘Bond villain’: Newsom roasted as photo of him posing with ‘sugar daddy’ Alex Soros goes viral
Watch: House Democrat Makes Spectacularly Hypocritical Argument Against Holding the Clintons in Contempt of Congress
Here Are the 9 Dems Who Voted to Hold Clintons in Contempt – 2 Are Jaw-Droppers Few People Ever Saw Coming
Former special counsel Jack Smith to testify publicly over Trump investigations
Trump and world leaders sign Gaza Board of Peace charter
A rare filing in the Lisa Cook–Trump case could sway Supreme Court justices
Congress strikes rare agreement on Chinese espionage threats to US drivers
US immigration authorities allow suspect in $100M jewelry heist to self-deport before trial
Judge rules NYC’s lone Republican congressional district unconstitutional, orders redraw
Rahm Emanuel calls for mandatory retirement age of 75 for people in public office
Teen mass killer pleads guilty to NC rampage that left five dead, including brother, police officer
Barron Trump Saved a Woman’s Life as She Was Being Beaten by Her Boyfriend in UK, Reported Victim Says
Organizer of GoFundMe for ‘agitating the Nazis’ involved in anti-ICE uprising at Minneapolis church
Jury reaches verdict in trial of ex-Uvalde school police officer accused of failing to confront gunman
BREAKING: Brace for Riots – Cuban Illegal / Child Molester’s Death in ICE Custody Ruled Homicide, Despite Fact That Testimony Came from Other Detainees
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.
