by Andrew Kerr
The 6th Circuit Court of Appeals on Monday remanded the lenient prison sentence given to the man who attacked Republican Kentucky Sen. Rand Paul on his property, finding that a federal district court lacked a “compelling justification” for sentencing him to only 30 days in prison.
Rene Boucher was arrested in November 2017 for attacking Paul outside his Kentucky home after the senator blew some leaves into his property. Boucher entered Paul’s property and tackled him from behind, breaking six of his ribs and causing a pleural effusion, which ultimately led to pneumonia.
Paul said in a civil lawsuit against Boucher that he feared for his life during the attack.
Boucher pleaded guilty to assaulting a member of Congress in March 2018. His presentence report cited guidelines that called for a range of 21 to 27 months in prison, the 6th Circuit noted, but a federal court sentenced him to only 30 days in June 2018, citing his “excellent background.”
6th Cir. holds that the district court's sentence of 30 days for Sen. Paul's attacker, Rene Boucher, was substantively unreasonable.
Panel notes the district court varied downward, in part, by relying on Boucher's privilege, which is not allowed. https://t.co/2zDs1DJawv pic.twitter.com/FLEdDm4KcO
— Gabriel Malor (@gabrielmalor) September 9, 2019
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.
A Kentucky jury in January awarded Paul over $580,000 in damages against Boucher.
Paul’s office did not immediately respond to the Daily Caller News Foundation’s request for comment.
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Andrew Kerr is a reporter at Daily Caller News Foundation.
Photo “Rand Paul” by Michael Vadon CC4.0.
