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.”
Crashed Learjet Audio Recorded Months Ago Captured Exasperated ATC Ordering Male, Female Pilots to Correct Flight Maneuver
After Feigning Concern About Affordability for Months, Top Dem Reveals It’s All Just About Lawfare Now That They Control Congress: ‘LAWYER UP’
From Texas to Kansas, 6 stunning midterm results that upended the political map
Meet the far-left socialists coming to Congress next year
Former Republican Kevin Kiley loses to Richard Pan in California’s 6th District
Nawrocki urgently seeking US troops in Poland amid high court ‘coup d’etat’ supported by EU
El-Sayed mocks Trump, Vance and Rogers in gloating victory speech signaling combative tone in Senate
Dem AG pulls off upset of sitting Republican governor after blistering campaign in key swing state
Abdul el Sayed defeats Mike Rogers in Michigan race, poised to become first Muslim senator
Thune plans to run for Republican minority leader after Dem’s midterm takeover
Abdul El-Sayed delivers major blow to GOP in Michigan after bruising Senate race
Breaking: Democrats Flip Senate Seat in State Trump Won by Double Digits
Mamdani-Backed Democratic Socialist Wins House Seat
Democrats Win Texas Governor’s Race for First Time in 30 Years as Gina Hinojosa Defeats Greg Abbott
Breaking: Democrats Deal Massive Blow to Republicans, Win Control of the Senate
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.
Crashed Learjet Audio Recorded Months Ago Captured Exasperated ATC Ordering Male, Female Pilots to Correct Flight Maneuver
After Feigning Concern About Affordability for Months, Top Dem Reveals It’s All Just About Lawfare Now That They Control Congress: ‘LAWYER UP’
From Texas to Kansas, 6 stunning midterm results that upended the political map
Meet the far-left socialists coming to Congress next year
Former Republican Kevin Kiley loses to Richard Pan in California’s 6th District
Nawrocki urgently seeking US troops in Poland amid high court ‘coup d’etat’ supported by EU
El-Sayed mocks Trump, Vance and Rogers in gloating victory speech signaling combative tone in Senate
Dem AG pulls off upset of sitting Republican governor after blistering campaign in key swing state
Abdul el Sayed defeats Mike Rogers in Michigan race, poised to become first Muslim senator
Thune plans to run for Republican minority leader after Dem’s midterm takeover
Abdul El-Sayed delivers major blow to GOP in Michigan after bruising Senate race
Breaking: Democrats Flip Senate Seat in State Trump Won by Double Digits
Mamdani-Backed Democratic Socialist Wins House Seat
Democrats Win Texas Governor’s Race for First Time in 30 Years as Gina Hinojosa Defeats Greg Abbott
Breaking: Democrats Deal Massive Blow to Republicans, Win Control of the Senate
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.
