Marianne O. Battani
Senior Judge of the United States District Court for the Eastern District of Michigan
In office---June 2, 2000 – June 9, 2012
Appointed by Bill Clinton
Posted on 09/09/2019 6:42:19 PM PDT by MarvinStinson
The Sixth Circuit ruled the light sentence was 'substantively unreasonable'
The Sixth Circuit Court of Appeals overturned the 30-day prison sentence of the man who attacked Senator Rand Paul (R., Ky.), ruling that federal guidelines did not permit so lenient a sentence.
In 2017, Paul was tackled from behind by his next-door neighbor Rene Boucher over a mundane disagreement about lawn clippings. Paul was left with six broken ribs and a substantial hospital stay that forced him to take a leave of absence from the Senate. Paul testified that he suffered constant "intense pain" as a result of his injuries, and later required further surgery in August 2019.
Boucher was originally charged with misdemeanor assault under Kentucky law, but the state charges were dropped in lieu of a federal felony prosecution. Boucher could have received up to 10 years in prison for an assault of a member of Congress that inflicted personal injury, but prosecutors sought 21 to 27 months in light of his acceptance of responsibility.
District Court judge Marianne O. Battani instead sentenced Boucher to only 30 days, arguing that Boucher had an "excellent background," was "an educated person," and "participated in the community in [his medical] practice and in [his] church." The Clinton-appointed judge also cited the character witnesses who testified on Boucher's behalf, including his pastor and the developer of his gated community.
Prosecutors appealed the case, arguing that the light sentence was "substantively unreasonable" compared with similar cases. The Sixth Circuit agreed Monday, noting that Congress specifically instructed courts not to give undue weight to class and education when sentencing defendants.
"To prioritize a defendant's education, professional success, and standing in the community would give an additional leg up to defendants who are already in a privileged position," wrote Obama appointee Jane Stranch for a three-judge panel. "Indigent defendants are less likely to impress a sentencing court with their education, employment record, or local reputation. But they are no less deserving of a reasonable and compassionate sentence."
The judges concluded there was "no compelling justification for Boucher's well-below-Guidelines sentence" and vacated the lower court's ruling. The court remanded the case back to district court, where Boucher will be resentenced based on the ruling.
Marianne O. Battani
Senior Judge of the United States District Court for the Eastern District of Michigan
In office---June 2, 2000 – June 9, 2012
Appointed by Bill Clinton
If this attacker is a criminal, why isnt his photo showing anywhere ??
I remember at the time thinking the sentence ridiculous.
Rene Boucher
Can't say I've heard of a sentencing being deemed to lenient.
He attacked Paul violently and unprovoked and did a great deal of damage to him. He should have done a couple of years in prison at least.
Meanwhile, Paul needs a good chiropractor. Wonder if he knows one???
And then Chief Justice Roberts has the gall to lecture President Trump, declaring that “there are no Democrat judges or a Republican judges.” We all know that is bull s**t.
Let the media go 24/7 on things like SharpieGate in which there was a semicircle drawn across Alabama with a magic marker.
Meanwhile Trump will build the wall, remake the courts and ensure a booming economy for decades to come with his trade policies.
Did I read the article wrong...did Bill Clinton really “blue dress” Marianne Battani?
...and then...
so, now what
A chiropractor won’t be able to replace the part of Rand’s lung that had to be removed.
I hope this guy gets 10 years.
But the chief justice of the Supreme Court says there’s no political judges!
Heads we win, tails you lose?
Her logic is Pretzel. We’re told that poor and uneducated are “victims of society” when they commit crimes. At least, that’s what we used to be told.
So which is it? Either way, a smart, educated, upstanding member of the community, maybe he needs some extra learnin’. He should have known better, correct? Anyhoo, I estimate a minimum of 6 months to say, 2 years would be about right.
sentenced Boucher to only 30 days, arguing that Boucher had an “excellent background,” was “an educated person,” and “participated in the community in [his medical] practice and in [his] church.
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I’m an uneducated deplorable. The judge would have given me the electric chair.
“To prioritize a defendant’s education, professional success, and standing in the community would give an additional leg up to defendants who are already in a privileged position”
Success is so foreign to commies they think its given not earned therefore its somehow granted by “privlage”. Like Odumbo saying business owners didn’t build their businesses.
He should get the max.
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