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Thread: Court vacates sentence for Rand Paul's neighbor, says it was too lenient

  1. #1

    Court vacates sentence for Rand Paul's neighbor, says it was too lenient

    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 in Washington, D.C., 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.”
    https://thehill.com/homenews/senate/...as-too-lenient

    Two years seems right.



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  3. #2

  4. #3
    I wonder what his sentence would have been if it was Dick Durbin or Joe Biden?
    "The Patriarch"

  5. #4
    Read the opinion here:
    http://www.opn.ca6.uscourts.gov/opin...9a0232p-06.pdf

    Excerpts from the conclusion:
    In a mine-run case like this one, we apply “closer review” to any variance from the Guidelines... And our review here reveals no compelling justification for Boucher’s well-below-Guidelines sentence... Boucher may or may not be entitled to a downward variance after the district court reweighs the relevant § 3553(a) factors, and it is the district court’s right to make that decision in the first instance.... (“This Court takes no position on what an appropriate sentence in this case might be and notes that on remand the district court still retains ample discretion to grant a variance. . . . The narrow reason for remand here is that the extreme nature of the deviation, without a correspondingly compelling justification, resulted in a substantively unreasonable sentence.”). We therefore VACATE Boucher’s sentence and REMAND for resentencing.

  6. #5
    Quote Originally Posted by Krugminator2 View Post
    Two years is not enough but it's better than 30 days.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  7. #6
    And where is the accountability of the people involved in the original extremely favorable and lenient punishment?
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
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    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  8. #7
    Quote Originally Posted by Brian4Liberty View Post
    And where is the accountability of the people involved in the original extremely favorable and lenient punishment?
    Shirley you jest.
    "The Patriarch"

  9. #8
    The other judge gave him a light sentence due to his "privileged position", but failed to take into account the seriousness of Rand Paul's injuries or “the need to afford adequate deterrence to criminal conduct.”

    (Daily Caller)
    Boucher is “a 60 year old highly educated medical doctor, Army veteran, father, church member, and good standing community member with no criminal history,” the court stated in its “Statement of Reasons” submitted after his sentencing.

    But those factors are “almost all disfavored” as grounds for reduced sentencing, the 6th Circuit stated Monday.

    “These factors are disfavored for a good reason,” the 6th Circuit wrote. “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.”

    “These simple markers of privilege did not warrant an extreme variance in Boucher’s case,” the 6th Circuit wrote.
    (more) https://dailycaller.com/2019/09/09/6...-paul-attacker
    (Judge's opinion)
    ...The Government cites, for example, several cases involving “assault resulting in serious bodily injury within U.S. territorial jurisdiction,” 18 U.S.C. § 113(a)(6), and others involving “assaulting, resisting, or impeding” federal officers, 18 U.S.C. § 111. Some of these defendants had lengthy criminal records, making their sentences irrelevant... (edit)...But others involved defendants who, like Boucher, had a criminal history category of I. Three occurred on Native American reservations and resulted in sentences of 48 months, 41 months, and 43 months, respectively... (edit)...In the remaining two, one defendant received a 24-month sentence for pushing a door into the arm of a government doctor,... and the other received a 21-month sentence for giving a customs officer a bloody nose and ear during a “brief melee” on a cruise ship........
    http://www.opn.ca6.uscourts.gov/opin...9a0232p-06.pdf
    Last edited by Valli6; 09-09-2019 at 04:13 PM.



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  11. #9
    Quote Originally Posted by Brian4Liberty View Post
    And where is the accountability of the people involved in the original extremely favorable and lenient punishment?
    milking that PENSION (4 life)

    you and I AND RAND will have to work till we drop to support our oppressors!

    neat huh?


    NOW GET BACK TO WORK SLAVE ("CITIZEN")! MAKE THIER MONEY (TIME)!!!
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    why I should worship the state (who apparently is the only party that can possess guns without question).
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    Baptiste said.
    At which point will Americans realize that creating an unaccountable institution that is able to pass its liability on to tax-payers is immoral and attracts sociopaths?

  12. #10
    Two years is better than 30 days but I would have preferred a sentence between 5-10 years.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  13. #11
    Quote Originally Posted by Anti Globalist View Post
    Two years is better than 30 days but I would have preferred a sentence between 5-10 years.
    That could still happen. The new sentence hasn't been determined yet.

    We therefore VACATE Boucher’s sentence and REMAND for resentencing.
    http://www.opn.ca6.uscourts.gov/opin...9a0232p-06.pdf

  14. #12
    Quote Originally Posted by Anti Globalist View Post
    Two years is better than 30 days but I would have preferred a sentence between 5-10 years.
    I would go with this /\ /\ , 5 to 10, it was a blind side , savage beating from what I understood,
    for what , this JA can go to hell in my book.

  15. #13
    Quote Originally Posted by Brian4Liberty View Post
    And where is the accountability of the people involved in the original extremely favorable and lenient punishment?
    This vindictive over analysis of the past misdeeds serves no purpose. Can we concentrate on the bright future awaiting us all instead?

  16. #14
    Account Restricted. Admin to review account standing


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    When Trump's ratings fall a few points more, he may give Boofer a pardon?

    Next week.
    Last edited by RonZeplin; 09-09-2019 at 06:29 PM.

  17. #15
    Quote Originally Posted by Anti Globalist View Post
    Two years is better than 30 days but I would have preferred a sentence between 5-10 years.
    He has already proven himself capable of being a very violent person. He could very easily screw up while in prison and end up with 5-10 or more years in the end.

  18. #16
    Quote Originally Posted by pao View Post
    He has already proven himself capable of being a very violent person. He could very easily screw up while in prison and end up with 5-10 or more years in the end.
    There is a difference between stupidity and opportunistic violence. Attacking a person while they are mowing their grass with headphones on, not expecting anything, is far different than exhibiting violence against violent people. My guess is he will check his violence at the gate prior to entering incarceration.



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  20. #17
    Appellate Court vacates the sentence for Rand Paul’s attacker demanding it be redone, says the sentence is far too lenient and far below the normal sentencing guidelines, and now the lawyer for the attacker is asking the Supreme Court to Weigh in. Find someone you don’t like, and beat them to within an inch of their life, collapse a lung and break ribs, and see if you get 30 days. This is why they need to unseal the indictments all on the same day, and clear all of these people from the system at once, before any legal action can go forward. But to do that they need to investigate every last one and get a sealed indictment on every last one. It takes time.
    https://www.anonymousconservative.co...fs-11-13-2019/
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  21. #18
    Amazing, Rand is really going for the gonads here, I thought he was just gonna be his old self and let it go.

    We all thought justice would not be served. Maybe it will in the end.

    Hope Rand goes to sleep with a smirk on his face tonight, he's been through enough, what with a part of his lung now removed.
    Last edited by eleganz; 11-13-2019 at 07:09 PM.
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  22. #19
    Quote Originally Posted by pao View Post
    He has already proven himself capable of being a very violent person. He could very easily screw up while in prison and end up with 5-10 or more years in the end.
    I would much prefer to see that additional 5 to 10 added after he is sentenced to 10 years in prison , less than that is the kind
    of non justice we see applied to the likes of the Clintons.

  23. #20
    I agree entirely that the attacker did not get an accurate sentence. However, is it appropriate that a person can be re-sentenced after they were sentenced?

  24. #21
    Quote Originally Posted by Schifference View Post
    I agree entirely that the attacker did not get an accurate sentence. However, is it appropriate that a person can be re-sentenced after they were sentenced?
    From just yesterday:

    https://www.wkyt.com/content/news/Se...564803592.html

    Sen. Rand Paul attacker's attorney appeals to Supreme Court

    BOWLING GREEN, Ky. (AP) - A man who tackled U.S. Sen. Rand Paul and broke his ribs has asked for the Supreme Court's opinion after an appellate court vacated his 30-day jail sentence and suggested it was too lenient.

    A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled in September that there was "no compelling justification" for Rene Boucher's sentence. The judges called the sentence "well-below-guidelines" and ordered a resentencing.

    The Daily News reports attorney Matt Baker filed a petition last week with the U.S. Supreme Court asking justices to consider whether a resentencing hearing violates Boucher's constitutional rights entitling him to due process and protecting him against double jeopardy.

    Boucher has already served the 30-day sentence for the 2017 attack outside the senator's home.

    A resentencing hearing has not been set.
    Rand was also awarded $580,000.


    https://www.nolo.com/legal-encyclope...-jeopardy.html

    Double Jeopardy Basics

    “Jeopardy” in the legal sense describes the risk brought by criminal prosecution. With notions of fairness and finality in mind, the Framers of the Constitution included the Double Jeopardy Clause to prevent the government from trying or punishing a defendant more than once.

    Specifically, double jeopardy protects against:

    a prosecution for the same offense after an acquittal
    a prosecution for the same offense after a conviction, and
    more than one punishment for the same offense.
    A defendant facing any of these scenarios can hold up the Double Jeopardy Clause as a shield.

    There are clear instances when this shield is available, such as when a jury has acquitted a defendant and the state brings the same charges a second time. (If the prosecution discovered new evidence of the defendant’s guilt after the initial trial, too bad.) Double jeopardy also bars punishment in certain prototypical scenarios—for example, when a judge tries to resentence someone who has already served the punishment for the crime in question.

    But there’s often not an obvious answer as to whether the Double Jeopardy Clause applies. Certain principles guide courts in making the determination.
    Last edited by Zippyjuan; 11-13-2019 at 07:46 PM.

  25. #22
    I am all for Rand but I am against Double Jeopardy. That is a slippery slope that liberty minded individuals should not support.

  26. #23
    From March: https://www.wlky.com/article/new-tri...acker/26912097

    New trial denied for Rand Paul attacker

    A Kentucky judge denied a request for a new trial for the man accused of attacking senator Rand Paul.

    A jury said Rene Boucher should pay more than $580,000 for injuries the senator suffered.

    The judge rejected the motion, saying the jury award was not excessive considering Boucher's conduct and Paul's injuries.

    Paul suffered multiple broken rips and contracted pneumonia after being tackeled in his yard in bowling green in 2017.

    In June 2018, Boucher was sentenced to 30 days in prison and one year of supervised release after pleading guilty to assaulting Paul. His sentence also included 100 hours of community service.

  27. #24
    OP's article from Sept.

    This is the latest.


    Boucher asks U.S. Supreme Court to review sentence reversal

    https://www.courier-journal.com/stor...ew/4176703002/

    The attorney for Rene Boucher has requested the U.S. Supreme Court review a lower court’s ruling reversing the 30-day prison sentence Boucher was ordered to serve after pleading guilty to assaulting his neighbor, U.S. Sen. Rand Paul.

    Attorney Matt Baker on Friday filed with the Supreme Court a petition for a writ of certiorari, a legal term used to define a formal request for the high court to order a lower court to send a case up for review.
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    @Ehanced_Deficit's real agenda on RPF =troll:

    Who spends this much time copy/pasting the same recycled links, photos/talking points.

    7 yrs/25k posts later RPF'ers still respond to this troll



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  29. #25
    A new sentencing date has been set for a Kentucky man who tackled U.S. Sen. Rand Paul, breaking several of the lawmaker's ribs.

    Rene Boucher was scheduled to be resentenced on July 27 on a count of assaulting a member of Congress, the Bowling Green Daily News reported.

    Boucher had served a 30-day sentence, paid a $10,000 fine and performed community services after pleading guilty to attacking his then-neighbor Paul over a lawn maintenance issue along their property line in 2017.

    Paul had six broken ribs and later suffered bouts of pneumonia and underwent surgery to remove part of his damaged lung.

    Federal prosecutors appealed the sentence, stating 30 days was too lenient considering Paul’s injuries. A federal appeals court agreed with prosecutors in September 2019 and ordered Boucher to be resentenced, vacating his 30-day sentence.

    Special prosecutor Bradley Shepard is seeking a 21-month sentence.

    More at: https://www.wiscnews.com/news/nation...f66ba6418.html
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  30. #26

    Boucher resentencing July 27, 2020 - more details

    More details from the Bowling Green Daily News:
    https://www.bgdailynews.com/news/bou...4603a5eeb.html

    Boucher set for July sentencing, attorney asks for dismissal
    By Justin Story jstory@bgdailynews.com
    Jun 17, 2020

    …In court filings, Baker has framed the prosecution’s subsequent appeal of the 30-day sentence as the government going back on its word and exposing Boucher to the risk of double jeopardy due to his having completed his incarceration and paid his fine.

    Shepard has argued that the government never gave up its right to appeal Boucher’s sentence and has taken the position in court filings that the 30-day sentence was too lenient in comparison to similar assault cases in the federal court system.

    Baker, in his motion to dismiss, posits a scenario in which Boucher would be ordered to return to court for repeated sentencing hearings after further appeals from prosecutors unsatisfied with the latest punishment imposed.

    The motion summarizes the events that led to the assault outside the senator’s house.

    Boucher had previously disposed of piles of yard waste that had been collected in Paul’s yard within sight of Boucher’s property.

    Baker has argued that Boucher believed the piles were amassed in response to Boucher trimming maple trees on Paul’s side of the property line that had grown over onto Boucher’s property.

    The night before the assault, Boucher attempted to dispose of a pile by burning it with gasoline but suffered burns to his face, neck and arms when the pile ignited.

    Boucher has maintained that Paul’s politics didn’t motivate his actions.

    “There is something fundamentally wrong and patently unfair about this whole scenario,” Baker said in his motion. “It appears that the government is getting a ‘mulligan’ for the simple reason that the victim is a United States Senator. If Senator Paul’s political opinions or political office were somehow related to the reason for Boucher’s actions, then an entirely different outcome might have been warranted and obtained at sentencing. But this case has never been about politics or a clash of political viewpoints; rather, it was a dispute over lawn maintenance in a gated community, where one of the principals just happened to be a United States Senator.”

    The judge who originally sentenced Boucher, special judge Marianne Battani, is no longer participating in the case.

    A senior U.S. District Court judge based in Michigan, Battani announced earlier this month that she planned to step away from her duties after being diagnosed with cancer, the Detroit Free Press reported June 8.

    U.S. District Judge Matthew Leitman of the Eastern District of Michigan has been appointed as new special judge to hear Boucher’s case , according to federal court records.

    – Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.

    https://www.bgdailynews.com/news/bou...4603a5eeb.html
    Judge Matthew Leitman was nominated to the District Court by President Barack Obama on July 25, 2013, and confirmed by the United States Senate on March 12, 2014.

    Judge Leitman clerked for Justice Charles L. Levin of the Michigan Supreme Court from 1993-1994 and was in private practice from 1994 until his appointment. Judge Leitman's private practice focused on complex commercial litigation, criminal defense, and appellate litigation. Judge Leitman also authored several articles on a variety of legal issues, including criminal procedure, health care fraud, and litigating sales commission disputes.
    https://www.mied.uscourts.gov/index....ers&judgeid=45
    Last edited by Valli6; 06-22-2020 at 09:39 AM.

  31. #27
    Quote Originally Posted by Swordsmyth View Post
    Rene Boucher was scheduled to be resentenced on July 27 on a count of assaulting a member of Congress, the Bowling Green Daily News reported.
    Bump

  32. #28
    https://www.wnky.com/federal-judge-r...-to-14-months/

    Federal judge resentences Rene Boucher to 14 months

    BOWLING GREEN, Ky.- A federal judge has resentenced the neighbor who attacked Sen. Rand Paul at his Bowling Green home.


    Judge Matthew Leitman issued the sentence of 14 months Monday afternoon. The government was seeking a sentence of 21 months.


    Boucher is ordered to spend eight months behind bars and six months of home confinement.


    Boucher will serve seven months in prison due to 30 days of time already served.


    Boucher attacked Sen. Paul in November 2017 over a dispute about yard debris.


    Boucher and the government can both appeal the judge’s ruling. The parties will meet again to discuss the case in three weeks.
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  33. #29
    The Judge is probably a rand Paul hater!
    Quote Originally Posted by RonZeplin View Post
    Super Joe Biden is already draining the swamp?

  34. #30
    Quote Originally Posted by dannno View Post
    https://www.wnky.com/federal-judge-r...-to-14-months/[B]
    Boucher and the government can both appeal the judge’s ruling. The parties will meet again to discuss the case in three weeks.
    Sounds like it's still not over!

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