Supreme Court declines to review Rand Paul attacker's caseWashington Examiner, Apr 27, 2020
The Supreme Court declined to examine a case involving the neighbor who assaulted Republican Kentucky Sen. Rand Paul.
Last week the high court declined an appeal from Rene Boucher, who tackled Paul in 2017 and pleaded guilty to a felony count of assaulting a member of Congress resulting in personal injury in 2018, after the 6th U.S. Court of Appeals determined his original sentence was too lenient for the crime.
U.S. District Court in Bowling Green initially sentenced Boucher, who already served his time and paid his fine, to 30 days prison time and a $10,000 fine for assaulting the Kentucky senator. However, federal prosecutors sought a harsher prison sentence of up to 21 months, detailing how Paul suffered multiple cases of pneumonia and underwent surgery to have part of his damaged lung removed.
Boucher's attorneys petitioned the court for a writ of certiorari, or review of the case, claiming additional sentencing would constitute a violation of Fifth Amendment "double jeopardy" protections, which prohibit the government from attempting to charge citizens of the same crime multiple times.
Lawyers in the U.S. Solicitor General's Office asserted the high court could not examine a case of "double jeopardy" until Boucher was sentenced a second time.
The Supreme Court's ruling returns the case to the district court which imposed the original sentence.
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