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.”
California mayor’s hot mic catches candid exchange after audience sends meeting off rails
Never Forget Dems Supported Large-Scale Deportations Until Trump Took Up the Issue – Just Listen to What Obama Said in 2014
Massachusetts Democratic Party chairman admits to sufficient facts in June drunken driving case
House Democrats Furious at Their Own Campaign Arm Over Expensive Primary Blunder
Ex-Dem Legislator Arrested Over Child Porn, But It’s 7 Words from FBI Investigator That Will Make You Sick to Your Stomach
Hunter Biden Blasts CNN’s Jake Tapper as a ‘Poor Journalist’ and a Terrible Person in NSFW Comments
Dem’s stunning ideal standard for immigration detention conditions resurfaces amid Texas senate bid
Secret Service agent on JD Vance’s detail investigated for allegedly leaking operational security info
Accused killer’s alleged disguises unravel as sheriff releases new clues in month-long manhunt
Foster child allegedly drowned in lake by two teens on local politician’s property: authorities
From the dugout to the White House: LA Dodgers celebrate World Series glory with Trump
Video: Trump Greets Fallen Heroes at Dignified Transfer for Troops Killed in Iran Conflict
GOP rallies around Thune after White House says Trump’s patience is ‘running out’
Six-figure private security bill for top Dem Senate hopeful fuels GOP hypocrisy claims
Former Biden Admin Official Roasts Kamala’s 2028 Chances on Fox News: ‘She Follows’
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.
California mayor’s hot mic catches candid exchange after audience sends meeting off rails
Never Forget Dems Supported Large-Scale Deportations Until Trump Took Up the Issue – Just Listen to What Obama Said in 2014
Massachusetts Democratic Party chairman admits to sufficient facts in June drunken driving case
House Democrats Furious at Their Own Campaign Arm Over Expensive Primary Blunder
Ex-Dem Legislator Arrested Over Child Porn, But It’s 7 Words from FBI Investigator That Will Make You Sick to Your Stomach
Hunter Biden Blasts CNN’s Jake Tapper as a ‘Poor Journalist’ and a Terrible Person in NSFW Comments
Dem’s stunning ideal standard for immigration detention conditions resurfaces amid Texas senate bid
Secret Service agent on JD Vance’s detail investigated for allegedly leaking operational security info
Accused killer’s alleged disguises unravel as sheriff releases new clues in month-long manhunt
Foster child allegedly drowned in lake by two teens on local politician’s property: authorities
From the dugout to the White House: LA Dodgers celebrate World Series glory with Trump
Video: Trump Greets Fallen Heroes at Dignified Transfer for Troops Killed in Iran Conflict
GOP rallies around Thune after White House says Trump’s patience is ‘running out’
Six-figure private security bill for top Dem Senate hopeful fuels GOP hypocrisy claims
Former Biden Admin Official Roasts Kamala’s 2028 Chances on Fox News: ‘She Follows’
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.
