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.
Should be a federal offense same as attacking a Senior Citizen
That is:
$5k fine
Step up of the indictment charge
5 years in federal slammer.
To be fair, success is very often related to privilege, especially in business. I've seen it over and over again.
I wonder what dirt the Rats have on weasel Roberts?
Disgraceful. Let’s face it, if it had been a typical thug from an inner city, he would probably have the book thrown at him. But, according to the judge, he was “an educated person” (read: ardent Democrat) so he goes scott-free.
Rand Paul says that was not the issue. He disputes that lie put out by the guy’s lawyer. It was all about politics.
And to clarify from the article, the attack was NOT about lawn clippings. Congressman Paul said they had not had any contact with the neighbor in about ten years. There had been absolutely no complaints about the lawn at all prior to the attack. Paul did not even see or hear the attack happen as he was wearing ear protection as he was mowing and the neighbor struck him from behind.
I was scanning the replies to be first to actually remark about the most obvious lie of the continuing media/court narrative. Anyone who believes this is about grass clippings, believes that James Hodgkinson was a lone crazed gunman, and Seth Richards, was killed by a random mugger.
I'm a little leery of the concept myself.
Hope he lost patients.
Paul should sue him.
HOORAY Sixth Circuit Court of Appeals!
I agree.
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