A federal appeals court has vacated the 30-day prison sentence given to the man who tackled U.S. Sen. Rand Paul outside his Kentucky home in 2017.
The three-judge panel of the 6th U.S. Circuit Court of Appeals on Monday ordered a resentencing for Rene Boucher.
Federal prosecutors appealed the sentence, saying 21 months would have been appropriate. The appeals court took no position on an appropriate sentence, saying the district court judge retains "ample discretion."
The senator was tackled by Boucher, who lived next door to Paul at the time, when Boucher became angry over lawn maintenance at Paul's home.
The attack broke several of Paul's ribs. Paul recently underwent lung surgery in a procedure he said stemmed from the attack.
Boucher pleaded guilty to assaulting a member of Congress.