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Federal Court Rules Rand Paul Attacker’s 30-Day Sentence Too Lenient
freebeacon ^ | SEPTEMBER 9, 2019 | Alex Griswold

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.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; Politics/Elections; US: Kentucky
KEYWORDS: 6thcircuit; again; alreadyposted; democratjudge; kentucky; marianneobattani; paul; rand; randpaul; reneboucher; searchworks; sixthcircuit
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To: MarvinStinson
“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.

LORD...Please apply this same standard to the top officials of our Goventment that orchestrated a “coup” against a sitting President...

21 posted on 09/09/2019 7:17:17 PM PDT by M-cubed
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To: MarvinStinson

” was “an educated person,””

So an uneducated person deserves a stricter sentence?


22 posted on 09/09/2019 7:18:26 PM PDT by Rebelbase
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To: oldenuff35

Not only that, he was a MD who knew precisely where and how to hit his victim to do the most damage and carried it out by charging down a 60 yard slope to deliver a total sucker tackle that easily could have killed or crippled Senator Paul. There was just about as much malice and premeditation in that attack as there was in the shooting of Steve Scalise.


23 posted on 09/09/2019 7:21:06 PM PDT by libstripper
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To: MarvinStinson

Wonder if they’re still neighbors.


24 posted on 09/09/2019 7:22:41 PM PDT by TribalPrincess2U (0bama's agenda�Divide and conquer seems to be working.?)
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To: morphing libertarian

Hopefully the 30 days will become at least 30 months, and in a regular prison, not a country club setting.


25 posted on 09/09/2019 7:23:44 PM PDT by Two Kids' Dad (((( Wake me when a prominent democrat actually gets prosecuted. ))))
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Comment #26 Removed by Moderator

To: mcenedo

Ever heard of Ethan Couch?


27 posted on 09/09/2019 7:27:14 PM PDT by ex91B10 (Powered by the Penguin)
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To: MarvinStinson

That judge was a political pos.


28 posted on 09/09/2019 7:33:44 PM PDT by Williams (Stop Tolerating The Intolerant.)
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To: MarvinStinson

If he had attacked that Clinton judge, the courts would have thrown the book at him. Thirty days was a crime.


29 posted on 09/09/2019 7:35:22 PM PDT by Williams (Stop Tolerating The Intolerant.)
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To: oldenuff35

He could have easily killed a United States Senator.


30 posted on 09/09/2019 7:36:56 PM PDT by Soros Billions (Gore is a pussy, Hillary : There's a man for ya)
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To: morphing libertarian
“So, now what”

Thirty-one days. The double standard will not be challanged.
31 posted on 09/09/2019 7:46:11 PM PDT by LIConFem (I will no longer accept the things I cannot change. it's time to change the things I cannot accept.)
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To: Cowgirl of Justice

Maybe not a chiropractor, but how about a thoracic surgeon.


32 posted on 09/09/2019 7:51:26 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: libstripper

You are correct. In this case he used his body as a weapon and did great physical harm to Senator Paul.

This violent attacker got a slap on the wrist by a POS partisan liberal judge. She should be booted off of the bench and do all the time that she did not sentence him to.


33 posted on 09/09/2019 7:56:26 PM PDT by oldenuff35
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To: MarvinStinson

Thought experiment:

What if a crazy rich doctor in Kentucky did this same crime to Senator Hillary Clinton, or Speaker Pelosi?

Sentence????


34 posted on 09/09/2019 7:59:09 PM PDT by laxcoach (Government is greedy. Taxpayers who want their own money are not greedy.)
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To: MarvinStinson

Since that guy's crime revolved around leaves, he should be hanged from a tree like a leaf.  (That first 30-day judge should probably be hanged too.)


       

35 posted on 09/09/2019 8:10:34 PM PDT by Songcraft
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To: Songcraft

Prison doctors get unlimited sex. Side benefit. Correction-rear benefit.


36 posted on 09/09/2019 8:18:30 PM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: MarvinStinson

Re: “mundane disagreement over grass clippings”

This wasn’t about “grass clippings”.


37 posted on 09/09/2019 8:20:07 PM PDT by wintertime (I shun government K-12 teachers.)
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To: DIRTYSECRET

Well, since he's a doctor, he should be able to treat all the various STD's he's likely to contract in there, from all those "benefit" activities (until he dies of course).

38 posted on 09/09/2019 8:32:48 PM PDT by Songcraft
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To: MarvinStinson
…Into whatsoever houses I enter, I will enter to help the sick, and I will abstain from all intentional wrong-doing and harm, especially from abusing the bodies of man or woman, bond or free.…Hippocratic Oath

I guess he never took the oath.

39 posted on 09/09/2019 9:02:19 PM PDT by immadashell (Save Innocent Lives - ban gun free zones)
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To: ex91B10

Ethan Couch
Born April 11th, 1997

Known for The “affluenza” defense

Criminal charge Intoxication manslaughter
Penalty Initially 10 years’ probation.

Date June 15, 2013

Killed 4 Injured 9

Ethan Anthony Couch (born April 11, 1997) is an American man who at age 16 killed four people while driving under the influence of alcohol and drugs on June 15, 2013, in Burleson, Texas.

He was intoxicated, driving on a restricted license and speeding in a residential area when he lost control, colliding with a group of people assisting another driver with a disabled SUV.

Four people were killed in the collision and a total of nine people were injured.

Two passengers in Couch’s truck suffered serious bodily injury, one with complete paralysis.

Couch was indicted on four counts of intoxication manslaughter for recklessly driving under the influence.

In December 2013, Judge Jean Hudson Boyd sentenced Couch to ten years of probation and subsequently ordered him to therapy at a long-term in-patient facility, after his attorneys argued that the teen had “affluenza” and needed rehabilitation instead of prison, saying that he didn’t know boundaries because his rich parents didn’t give him any.

Couch’s sentence, believed by many to be incredibly lenient, set off an emotional, angry debate that has stretched far beyond the North Texas suburbs.

Couch became the subject of a manhunt and was listed in the National Fugitive Database on December 11, 2015, after his probation officer was unable to contact him.

On December 28, 2015, authorities detained Couch and his mother in the Mexican resort city of Puerto Vallarta, Jalisco. On April 13, 2016, he was sentenced to serve two years in prison.


40 posted on 09/09/2019 10:05:05 PM PDT by MarvinStinson
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