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Sixth Circuit Court Judge Jane Stranch said the lower court that imposed the sentence after Rene Boucher pleaded guilty to assaulting the lawmaker had no compelling justification for sentencing him below federal guidelines, The Hill reported.
“Federal defendants with a criminal history category of I who were convicted of assault received an average sentence of 26 months’ imprisonment and a median sentence of 21 months,” the 16-page ruling states, citing data. “We therefore VACATE Boucher’s sentence and REMAND for resentencing.”
In making her ruling, Stranch cited other 30-day prison sentences for those found guilty of assaulting members of Congress, including two defendants in 1981 who threw eggs at a congressman. They missed.
Another defendant was given 15 days after spitting on a senator at an airport, according to The Hill.
“These prison terms were similar to Boucher’s, but the offense conduct was quite different – as the Government argues, ‘it is difficult to understand why a tackle resulting in long-term serious injuries warrants the same sentence as an egg toss or spit in the face,’” the ruling states.
Paul had part of his lung removed and suffered several broken bones as a result of the assault. The incident occurred in November 2017 when he was tackled from behind while mowing his lawn.
Boucher, a retired anesthesiologist, said the attack was sparked because he was agitated about piles of brush on Paul’s property. He also said Paul used his lawnmower to blow leaves onto his property.
Paul told Fox News in 2018 there was no longstanding dispute with Boucher.
“It is impossible to have a dispute when no words of disagreement were ever spoken — neither immediately nor at any other time before the attack occurred,” he said.
In January, Paul was awarded $580,000 in damages after suing his neighbor.s