© Greg Nash
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.”
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.
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.
Poster Comment:
Boofer's gonna get some more jailtime.
#1: Tooconservative To: Hondo68 (#0)
When Rand recently had to have part of his lung removed due to the extensive damage caused by the broken ribs slicing him up inside during the assault, it was clear just how serious the attack was. The tissue never really healed and had to be excised in another surgery, the most recent of many he suffered.
Boucher almost had to have had Rand on the ground, putting the boots to him. And that is very often fatal.
Boucher should have been charged with attempted murder IMO. I wish they would re-try him.
She's white. And was appointed by 0bama as a federal judge.
Here's Boucher. And a photo of what Rand looked like in the hospital in pain.
Tooconservative posted on 2019-09-10 01:20:25 Reply Private Reply
#2: Hondo68 To: Tooconservative (#1)
None of that synthetic mesh crapola that they so often use in the USA.
Hondo68 posted on 2019-09-10 20:13:17 Reply Private Reply
#3: Tooconservative To: Hondo68 (#2)
He had the lung operation to remove the necrotic tissue in August. I don't think he's had any other surgery in the last month.
Tooconservative posted on 2019-09-11 06:13:00 Reply Private Reply
#4: Gatlin To: Tooconservative (#1)
Oh Lordy Mercy –
You mean – really mean – to punish them more HARSHLY than bad cops?
Hmmm …
Maybe you should let Deckard in on this and then he may want to add articles about bad doctors and bad medical people to his dedicated hate crusade postings.
Just a passing thought – but a cute one …
Hand Salute,
Gatlin
Gatlin posted on 2019-09-11 07:11:28 Reply Private Reply
#5: Tooconservative To: Gatlin (#4)
Actually, YES.
They have good cause to know all the negative medical repercussions of bushwhacking a U.S. senator from behind, knocking him to the ground, and putting the boots to him.
Beatings turn to murder very regularly when one assailant is stomping the chest and head of his victim who is helpless on the ground. Those are the medical facts and every single person who has been to medical school has to know it. Certainly, they all have to deal with the aftermath of such beatings/stompings when they do their residency hours in an emergency room or trauma center.
They have no excuse for not knowing just how life-threatening it is to inflict such injuries. And they are betraying their profession, the whole First-Do-No-Harm bit. That is not the actual Hippocratic oath but they all still fight about which Hippocratic oath is applicable; there are a number of different alleged Hippocratic oaths. They debate the topic like a pack of disreputable lawyers.
Tooconservative posted on 2019-09-11 09:43:58 Reply Private Reply
#6: Gatlin To: Tooconservative (#5)
Got it ...
Gatlin posted on 2019-09-11 12:02:57 Reply Private Reply