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.”
AG aims to retry Alex Murdaugh ‘quickly’; both sides enter courtroom chess match with each other’s game plans
California death row inmates watching porn on taxpayer-funded tablets, evading security controls: report
It never ends: GOP moves to fund border, Democrats blast Trump spending
Howard Lutnick testified he saw Epstein’s massage table as ‘sexual in nature’ during 2005 visit
Video: Ex-Trans Speaker Postpones TPUSA Speech as Antifa ‘Militia … on Cross-Sex Hormones’ Threatens Violence Cops Weren’t Prepared for
Vance turns up heat on states with federal cash threat over Medicaid fraud crackdown
JD Vance’s Fraud Task Force Makes California Pay $1.3 Billion Price for Defrauding Taxpayers
Poll: Thomas Massie Trailing Trump-Backed Primary Challenger After Leading Big Just Weeks Ago
CIA Furious as Active Agent Testifies on Fauci’s Enormous Role in COVID ‘Cover-Up’
Children’s book author sentenced for husband’s poisoning death as judge calls her ‘too dangerous’
Arrest of gang member convicted of murder puts Dem state’s sanctuary policies on blast
Red-State Governor Cancels Special Redistricting Session for Congressional Seats
DHS says two women killed six years apart in Texas should still be alive after illegal immigrant’s arrest
Lawmakers clash over Trump gas tax holiday as Iran war drives prices higher
DHS lawyer focuses blame on Biden judge after illegal immigrant release controversy
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.
AG aims to retry Alex Murdaugh ‘quickly’; both sides enter courtroom chess match with each other’s game plans
California death row inmates watching porn on taxpayer-funded tablets, evading security controls: report
It never ends: GOP moves to fund border, Democrats blast Trump spending
Howard Lutnick testified he saw Epstein’s massage table as ‘sexual in nature’ during 2005 visit
Video: Ex-Trans Speaker Postpones TPUSA Speech as Antifa ‘Militia … on Cross-Sex Hormones’ Threatens Violence Cops Weren’t Prepared for
Vance turns up heat on states with federal cash threat over Medicaid fraud crackdown
JD Vance’s Fraud Task Force Makes California Pay $1.3 Billion Price for Defrauding Taxpayers
Poll: Thomas Massie Trailing Trump-Backed Primary Challenger After Leading Big Just Weeks Ago
CIA Furious as Active Agent Testifies on Fauci’s Enormous Role in COVID ‘Cover-Up’
Children’s book author sentenced for husband’s poisoning death as judge calls her ‘too dangerous’
Arrest of gang member convicted of murder puts Dem state’s sanctuary policies on blast
Red-State Governor Cancels Special Redistricting Session for Congressional Seats
DHS says two women killed six years apart in Texas should still be alive after illegal immigrant’s arrest
Lawmakers clash over Trump gas tax holiday as Iran war drives prices higher
DHS lawyer focuses blame on Biden judge after illegal immigrant release controversy
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.
