The House passed by voice a measure blocking the Bureau of Prisons from keeping Ramos and Compean in federal prison. It is somewhat in doubt whether it will survive in the House-Senate negotiations. Lets hope it does.
 The House on Wednesday approved a move by conservative Republicans to try to set free two Border Patrol agents convicted of shooting a Mexican drug dealer
The House voted by voice to block the Bureau of Prisons from keeping former agents Ignacio Ramos and Alonso Compean in federal prison. Ramos and Compean are serving 11- and 12-year federal prison sentences, respectively, for the 2005 shooting of Osvaldo Aldrete Davila.
Crosswalk carries some information that seems odd. They report that the legal briefs argue that the two agents were charged with a non-existent crime. Actually the code they were charged with a law never enacted by Congress and that they crime they were charged with that brought about the lengthy sentences doesn’t even fit. The code itself cited in the briefs is a bit confusing to me and must require a law degree to parse it out….
Ignacio Ramos and Jose Compean are serving 11- and 12-year sentences respectively for shooting and wounding a Mexican national who was trying to escape after attempting to smuggle 743 pounds of marijuana across the Mexico-Texas border in February 2005.
Although they were convicted on 11 counts, the crime carrying the lengthiest penalty was for the “discharge of a firearm in relation to a crime of violence,” a violation of section 924(c)(1)(a) of the U.S. Code. It carries a minimum 10-year prison sentence.
In layman’s terms I would want the law enforcement discharging their firearms in relationship to a crime of violence… but hey… who are we to criticize the legal system’s odd language. Any lawyers out there willing to throw in their comments??
 The brief argued that, for a 10-year sentence, a defendant must be convicted under the specific terms laid out in section 924(c)(1)(a) (see section).
This provision is applicable, the section says, to “any person who, during and in relation to any crime of violence or drug trafficking crime … uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm …” If, and only if, these conditions apply can a defendant be sentenced to ten years in prison for the “discharge” of a firearm.
The brief argued that the shooting of drug smuggler Osvaldo Aldrete-Davila was not “in relation to” the drug crime because Ramos and Compean were themselves not participants in the drug crime.
Furthermore, Border Patrol Agents are authorized to carry and use firearms as law enforcement officers.
Either way, I believe that it should be sufficient that a lawful order to “Stop or I’ll Shoot” should be sufficient reason that the perp should have stopped. The way the case went I wouldn’t be surprised that the agents would have been charged with killing the drug smuggler if he had been a better shot and hit the man not in the butt but the heart.
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Conservative