BOWLING GREEN, Kentucky (WBKO) -- The attorney for the man that assaulted Senator Rand Paul filed a response Sunday to an appeal from the U.S. Attorney's Office that contested the 30-day prison sentence issued in U.S. District Court.
Rene Boucher appears in Warren District Court in November 2017
Rene Boucher will soon spend time in federal prison after tackling Sen. Paul in November 2017 and breaking several of Paul's ribs, but not everyone agrees on how long that prison stay should be.
District Judge Marianne Battani ordered Boucher to 30 days in prison after he pleaded guilty in March.
Under that plea agreement, the U.S. Attorney's Office was looking for at least a 21 month sentence. They are now appealing that 20 month variance.
In a response to the appeal, Matthew J. Baker, who represents Boucher, argues that the U.S. Attorney's Office has "explicitly and implicitly waived its right to appeal these proceedings."
"We just feel that it's very disingenuous for the government to appeal when it left the sentence to the discretion of the judge," Baker told 13 News.
Baker cited a 1991 case in which the court stated that when the defendant waived their right to an appeal, so too did the government, saying "[W]e are of opinion that such a provision against appeals must also be enforced against the government, which must be held to have implicitly cast its lot with the district court, as the defendant explicitly
That 1991 appeal, which was decided in 4th Circuit, was ultimately dismissed. Boucher's attorney is asking for dismissal in his client's case as well.
The full response has been attached to this story, or you can read it below:
Like Sean Baute 13 News on Facebook:
Follow Sean Baute on Twitter: