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.”
Venezuela Releases Imprisoned Americans in ‘Important Step in the Right Direction’
Trump eyes action on Greenland, setting up White House face-off with Denmark
Watch: ‘This Isn’t Seattle!’ – Cop Uses Painful Sternal Rub to Stop Non-Compliant Woman’s Fake Seizure and It’s Priceless
Tax fight puts California on collision course as billionaires leave for red states
Teachers union slams ‘Trump regime,’ claims ICE murdered Minneapolis agitator in message to supporters
Florida paraglider survives 500-foot plunge into ocean
Supreme Court Justice Amy Coney Barrett Makes Troubling Concession to Transgender Activists During Oral Arguments
Trump administration projects united front as president weighs Iran options
House Republican recognizes transgender Dem Sarah McBride as ‘the gentleman from Delaware’
Trump signals long road ahead in Venezuela in his boldest interventionist move yet
Trump faces Venezuela war powers uncertainty as he lobbies GOP rebels
Bill Maher Issues Perfect Response to Fellow Celebs Wearing Anti-ICE ‘Be Good’ Pins
ICE head says agents facing ‘constant impediments’ after migrant seen ramming cars while trying to flee
Venezuela releases multiple American citizens from prison following military operation
Rand Paul says GOP colleagues ‘don’t give a s‑‑t about these people in the boats’: They ‘say they’re pro-life’
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.
Venezuela Releases Imprisoned Americans in ‘Important Step in the Right Direction’
Trump eyes action on Greenland, setting up White House face-off with Denmark
Watch: ‘This Isn’t Seattle!’ – Cop Uses Painful Sternal Rub to Stop Non-Compliant Woman’s Fake Seizure and It’s Priceless
Tax fight puts California on collision course as billionaires leave for red states
Teachers union slams ‘Trump regime,’ claims ICE murdered Minneapolis agitator in message to supporters
Florida paraglider survives 500-foot plunge into ocean
Supreme Court Justice Amy Coney Barrett Makes Troubling Concession to Transgender Activists During Oral Arguments
Trump administration projects united front as president weighs Iran options
House Republican recognizes transgender Dem Sarah McBride as ‘the gentleman from Delaware’
Trump signals long road ahead in Venezuela in his boldest interventionist move yet
Trump faces Venezuela war powers uncertainty as he lobbies GOP rebels
Bill Maher Issues Perfect Response to Fellow Celebs Wearing Anti-ICE ‘Be Good’ Pins
ICE head says agents facing ‘constant impediments’ after migrant seen ramming cars while trying to flee
Venezuela releases multiple American citizens from prison following military operation
Rand Paul says GOP colleagues ‘don’t give a s‑‑t about these people in the boats’: They ‘say they’re pro-life’
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.
