Author Topic: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient  (Read 436 times)

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Offline mystery-ak

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Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
by Kaylee McGhee
 | September 09, 2019 03:15 PM

Two years, six broken ribs, several bouts of pneumonia, and one hernia surgery later, Rand Paul might finally get the justice he deserves.

In 2017, the Kentucky Republican was attacked by a neighbor while mowing his lawn. He ended up in the hospital and has been in and out several times since. Recently, Paul announced he had to have part of his lung removed due to the damage it sustained during the assault.

Paul’s neighbor, on the other hand, walked away with a mere 30-day prison sentence, which the federal Sixth Circuit Court of Appeals declared “substantively unreasonable” in a ruling released today.

The recommended sentencing for Rene Boucher, 60, who is still Paul’s next-door neighbor, was 21 months of jail time, although the maximum sentence for assaulting a member of Congress is 10 years. But the district court ruled that because this had been an “isolated,” “first time action” that was “strictly a dispute between neighbors,” and because of Boucher’s “excellent background,” Boucher deserved a minor sentence.

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https://www.washingtonexaminer.com/opinion/sixth-circuit-30-day-sentence-for-rand-paul-attacker-is-too-lenient
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Offline Cyber Liberty

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #1 on: September 09, 2019, 08:34:59 PM »
So, he was given less than 5% of the recommended sentence, just because?   I like mid-range for the sentence, about 6 years.  He's plenty young enough to serve it.
« Last Edit: September 09, 2019, 08:36:18 PM by Cyber Liberty »
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Offline austingirl

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #2 on: September 09, 2019, 09:05:13 PM »
I bet he never lost his medical license although he should.
Principles matter. Words matter.

Offline 240B

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #3 on: September 09, 2019, 09:39:36 PM »
The Democrats, especially Left leaning activists judges, would easily make attacking a Republican legal. In fact, they are strongly moving that direction for a decade now. Using Antifa and the MAGA hat defense as an example, more and more Leftists judges are ruling that Liberals are innocent of violence against Republicans because the Liberals were "triggered", whatever that means, by something the Republican said or did.

Once a Liberal is so called 'triggered' they are no longer held responsible for their actions because, as the argument goes, they couldn't help it. Liberal violence is the Republican's fault for daring to disagree with them. The 'triggered' defense does not apply to Republicans or Trump supporters because they are inherently 'evil' with 'wrong think' and therefore cannot be triggered by anything the Left says or does. Liberals are portrayed as innocent little lambs fighting their definition of fascism, which in their world is any opinion or thought that disagrees with anything they believe.

There is no objective law enforcement in America anymore. So many judges have abrogated their duty to dispense 'blind justice' for politics instead. American Law enforcement has evolved into almost pure politics, and has very little to do with the four corners of what the 'Law' actually says. Until more judges start overturning whimsical and illegal rulings like this, eventually Democrats and Leftists will essentially be totally immune from law enforcement involving violence or violent harassment.
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Offline thackney

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #4 on: September 10, 2019, 07:49:51 AM »
I bet he never lost his medical license although he should.

Lawyers for Dr. Boucher reiterated the dispute did not stem from a political disagreement, which would carry harsher penalties for the former anesthesiologist, whose medical license expired in 2015, according to the report.

https://www.beckershospitalreview.com/hospital-management-administration/physician-neighbor-allegedly-attacked-sen-rand-paul-last-year-over-messy-lawn.html
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Offline roamer_1

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #5 on: September 10, 2019, 09:21:03 AM »
All I can say is that if I put a beatdown on somebody that bad, I would expect 5 to 7 years... Minimum.
This is felony assault at the least, and the guy walked with 30 days. That's bullcrap plain and simple.

He's connected somehow to get that walk.

Offline musiclady

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #6 on: September 10, 2019, 09:33:26 AM »
All I can say is that if I put a beatdown on somebody that bad, I would expect 5 to 7 years... Minimum.
This is felony assault at the least, and the guy walked with 30 days. That's bullcrap plain and simple.

He's connected somehow to get that walk.

He should have gotten the maximum 10 years.
Character still matters.  It always matters.

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Offline roamer_1

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #7 on: September 10, 2019, 09:44:55 AM »
He should have gotten the maximum 10 years.

He should have got way more than that... A federal Senator beat dang near to death? If that was me, they'd throw the book and then some. And ancillary charges... and probably falling up and down the stairs several times.

Heck, I have seen similar ground... And if I had lost on self defense (which is the only way I get into stuff like that), I'd have gone down the river for the whole 9 yards. I am telling you - That guy is connected...
« Last Edit: September 10, 2019, 09:45:45 AM by roamer_1 »

Offline Polly Ticks

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #8 on: September 10, 2019, 09:59:38 AM »
Quote
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.

https://freebeacon.com/politics/federal-court-rules-rand-paul-attackers-30-day-sentence-too-lenient/
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Offline austingirl

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #10 on: September 10, 2019, 10:30:47 AM »
Lawyers for Dr. Boucher reiterated the dispute did not stem from a political disagreement, which would carry harsher penalties for the former anesthesiologist, whose medical license expired in 2015, according to the report.

https://www.beckershospitalreview.com/hospital-management-administration/physician-neighbor-allegedly-attacked-sen-rand-paul-last-year-over-messy-lawn.html

@thackney
Thanks for the info. I bet this nutcase had problems at work as well. Very odd for a medical professional to let a license expire.
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Offline jpsb

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #11 on: September 10, 2019, 10:40:33 AM »
Good

Offline thackney

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #12 on: September 10, 2019, 10:42:58 AM »
@thackney
Thanks for the info. I bet this nutcase had problems at work as well. Very odd for a medical professional to let a license expire.

Only guessing, but I'm guessing he used to be a medical professional.  Retired or encouraged to retire before it expired.
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Offline Victoria33

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #13 on: September 10, 2019, 10:43:03 AM »
@roamer_1
@mystery-ak
@Cyber Liberty

Think of how this happened - Paul is on his mower which makes noise.  He is relaxed mowing the yard.  No way could he hear a noise the "attempted murderer" made as he ran full speed, slamming into the back of the relaxed Paul.  This "want to be killer" didn't care if Paul died or he would not have done that.

Paul is lucky some of the broken ribs didn't puncture his lungs in several places and kill him right then because he could not breathe.  Surgeries had to be done and now, part of his lung had to be removed.

It disgusts me the "would be killer" got off lightly due to his education and friends.  I don't care how much education he had, or how many people like him, inside him, he is a killer.  A correct sentence would be life behind bars as he is a danger to the public.  "Make me angry and I will kill you."
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Offline Victoria33

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #14 on: September 10, 2019, 11:06:39 AM »
Only guessing, but I'm guessing he used to be a medical professional.  Retired or encouraged to retire before it expired.
@thackney

He was an anesthesiologist.  How would you feel if he was the one who "put you to sleep" for a surgery?  You better be his friend or you might not wake up.
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Offline Cyber Liberty

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #15 on: September 10, 2019, 11:29:14 AM »
@roamer_1
@mystery-ak
@Cyber Liberty

Think of how this happened - Paul is on his mower which makes noise.  He is relaxed mowing the yard.  No way could he hear a noise the "attempted murderer" made as he ran full speed, slamming into the back of the relaxed Paul.  This "want to be killer" didn't care if Paul died or he would not have done that.

Paul is lucky some of the broken ribs didn't puncture his lungs in several places and kill him right then because he could not breathe.  Surgeries had to be done and now, part of his lung had to be removed.

It disgusts me the "would be killer" got off lightly due to his education and friends.  I don't care how much education he had, or how many people like him, inside him, he is a killer.  A correct sentence would be life behind bars as he is a danger to the public.  "Make me angry and I will kill you."

Add to that this bit of information:  The lawnmower was likely still running as Paul was body slammed to the ground.
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Offline roamer_1

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #16 on: September 10, 2019, 11:31:57 AM »
It disgusts me the "would be killer" got off lightly due to his education and friends.  I don't care how much education he had, or how many people like him, inside him, he is a killer.  A correct sentence would be life behind bars as he is a danger to the public.  "Make me angry and I will kill you."

Certainly more than he got @Victoria33 ... 5 to 7, 7 to 10, bare minimum. And full restitution. And counseling to determine how to handle his violent tendency.

But at the same time, I wonder how they can do this without double jeopardy.  ?!?!?!?!?  :pondering:

Offline Cyber Liberty

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #17 on: September 10, 2019, 11:35:20 AM »
Certainly more than he got @Victoria33 ... 5 to 7, 7 to 10, bare minimum. And full restitution. And counseling to determine how to handle his violent tendency.

But at the same time, I wonder how they can do this without double jeopardy.  ?!?!?!?!?  :pondering:

It's not a "retrial," it's a "resentence."  And the appeals court is correct, the original sentencing Judge said it was because of who/what he was in the community.  That's wrong on so many levels, it's an admission that a double standard was applied.
Don't call it the "Federal Government," that's an insult to the Founders.  It's a "National Government."
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Offline roamer_1

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #18 on: September 10, 2019, 11:39:35 AM »
It's not a "retrial," it's a "resentence."  And the appeals court is correct, the original sentencing Judge said it was because of who/what he was in the community.  That's wrong on so many levels, it's an admission that a double standard was applied.

That's right enough - but re-sentencing after the fact seems like double jeopardy to me.
The judge should step down in shame, that's for sure.

Offline Cyber Liberty

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #19 on: September 10, 2019, 11:46:09 AM »
That's right enough - but re-sentencing after the fact seems like double jeopardy to me.
The judge should step down in shame, that's for sure.

I don't think it violates Double Jeopardy because he's not being tried twice for the same crime in the same jurisdiction.  I'm sure there is precedence for reexamining sentences in light of guidelines put in place by the Legislature.  Sometimes the sentence is too lenient, and sometimes too severe for the guidelines.  In this case, the sentencing Judge made it clear the perp was getting off easy.
Don't call it the "Federal Government," that's an insult to the Founders.  It's a "National Government."
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Offline musiclady

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #20 on: September 10, 2019, 11:46:55 AM »
He should have got way more than that... A federal Senator beat dang near to death? If that was me, they'd throw the book and then some. And ancillary charges... and probably falling up and down the stairs several times.

Heck, I have seen similar ground... And if I had lost on self defense (which is the only way I get into stuff like that), I'd have gone down the river for the whole 9 yards. I am telling you - That guy is connected...

Yep.

And probably to people who hate Rand Paul.
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Offline Victoria33

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #21 on: September 10, 2019, 11:52:53 AM »
Heck, I have seen similar ground... And if I had lost on self defense (which is the only way I get into stuff like that), I'd have gone down the river for the whole 9 yards. I am telling you - That guy is connected...
@roamer_1

You would have loved that sentence since you like to fish; a whole river you could fish.
 :rolling:
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Offline roamer_1

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #22 on: September 10, 2019, 12:01:45 PM »
@roamer_1

You would have loved that sentence since you like to fish; a whole river you could fish.
 :rolling:

@Victoria33

 :silly:
Yeah... not that kinda river... Think more along the lines of effluent...

Offline PeteS in CA

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #23 on: September 10, 2019, 01:39:58 PM »
Double jeopardy is when a person is prosecuted a second (or more) time for the same crime. This is not a double jeopardy case, because the jerk is not being retried. This is just a re-sentencing, hardly unique, though I think usually after the original sentence has been deemed too harsh rather than too lenient.
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Offline 240B

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Re: Sixth Circuit: 30-day sentence for Rand Paul attacker is too lenient
« Reply #24 on: September 10, 2019, 01:50:59 PM »
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.

Good Grief. She did all but declare her everlasting love and propose to him. No wonder he only got a few days for felony assault and attempted murder. Apparently, the judge wants to erect a statue in his honor. They can squawk all they want that politics had nothing to do with the sentence, but I will never believe that nonsense at all.

She is a Clinton judge. He is obviously a violent mentally disturbed Antifa style Democrat. They are made for each other. They may even know each other or have mutual friends from Democrat Party functions. America has a completely one-sided justice system. If any Republican had done even one-tenth of this kind of violence against any Democrat, they would certainly have been hung, twice. First by the DNC run media complex, and then by the judge.

These ridiculous acquittals and pat on the butt sentences only seem to apply to Democrats. A Republican can get years of prison time for jaywalking, 10 years ago.
« Last Edit: September 10, 2019, 01:58:59 PM by 240B »
You cannot "COEXIST" with people who want to kill you.
If they kill their own with no conscience, there is nothing to stop them from killing you.
Rational fear and anger at vicious murderous Islamic terrorists is the same as irrational antisemitism, according to the Leftists.


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