Federal prosecutors are appealing the 30-day sentence a federal judge imposed on U.S. Sen. Rand Paul's neighbor for assault, the Bowling Green Daily News reported Saturday.
The newspaper said Bradley Shephard, the special prosecutor appointed to the case, filed a notice of appeal late Friday, asking the U.S. Court of Appeals for the Sixth Circuit in Cincinnati to consider another punishment for Rene Boucher other than the 30 days and $10,000 fine imposed by U.S. District Judge Marianne Battani of Michigan. Battani was appointed to the case as a special judge.
Boucher pleaded guilty in federal court in Bowling Green to tackling and injuring Paul last Nov. 3 as the senator mowed his yard.
Paul suffered several broken ribs and had to be treated for pneumonia, which developed as a result of the injuries
Prosecutor Shephard had asked for a 21-month prison sentence for Boucher.
The assault charge carries a maximum penalty of 10 years in prison, but federal sentencing guidelines, which consider a defendant's criminal history and nature of the criminal offense, advised 21 months as a minimum sentence for Boucher.
The federal judge said the attack was "an isolated incident" between neighbors and was not politically motivated.
Boucher said he got angry and attacked Paul in the senator's yard after seeing Paul repeatedly stack leaves, twigs and other yard debris near his property.
Paul's office said after the sentencing that 21 months would have been the appropriate punishment.
Paul recently filed a lawsuit in Warren Circuit Court against Boucher, seeking unspecified damages and an injunction to keep Boucher from having any contact with him.
Boucher filed a counterclaim last week, seeking to hold Paul liable for the yard debris. It said the piles constituted a private nuisance and trespassing, as well as violated restrictions in Paul's property deed and regulations of the Rivergreen Homeowners' Association.