Two former U.S. Border Patrol agents sentenced to lengthy prison terms for shooting a drug-smuggling suspect have asked a federal appeals court to overturn their convictions, saying they were charged with a nonexistent crime and convicted after the jury was given improper instructions by the trial judge.
Houston defense lawyer J. Mark Brewer said two counts of a grand jury indictment against former agents Ignacio Ramos and Jose Alonso Compean charged them under a federal statute with the discharge of a firearm in relation to a crime of violence, but the statute does not define a crime and contains only a sentencing factor to be addressed after conviction.
Mr. Brewer said in a 20-page motion that the "improperly-crafted indictment" misfocused the agents, counsel and jury on a nonexistent crime of unlawful discharge of a firearm, because the agents were authorized to possess, carry and use a firearm in the normal course of their job.
He said that in order to charge a crime under the government's 10-year mandatory sentence statute, an indictment "must allege that a defendant either has used or carried a firearm ... during and in relation to any crime of violence or has possessed a firearm in furtherance of such a crime." He said the prosecution "misstated" the crime defined by federal statute.
Mr. Brewer said the district court "erroneously told the jury the federal statute made it a crime for anyone to discharge a firearm during and in relation to a crime of violence."
A ruling in the case is expected next month."This is an outrageous case of prosecutorial abuse," said Paul Kamenar, senior executive counsel for the Washington Legal Foundation, a watchdog group among eight organizations and persons who have filed briefs in support of the agents. "Instead of prosecuting the drug smuggler, the Justice Department filed a dozen felony charges against two agents trying to do their job."
The pending appeal is being heard by the 5th U.S. Circuit Court of Appeals in New Orleans and seeks to overturn 11- and 12-year prison terms Ramos and Compean received, respectively, after they shot Osbaldo Aldrete-Davila in the buttocks when he abandoned a van containing 743 pounds of marijuana and fled back into Mexico.
http://www.washingtontimes.com/article/20070924/NATION/109240047/1002
2007-09-24 07:09:21 · 11 answers · asked by Untied States Of Latina 2 in Politics & Government ➔ Immigration
They should be freed. Aldrete-Davila is the one who should be behind bars. Instead he was given immunity and free medical treatment at US taxpayer expense.
"He showed his gratitude by breaking his immunity agreement in October 2005, when officers say he attempted to smuggle 1,000 pounds of marijuana into America. The prosecution further extended its immunity to this felony and sealed the indictment from jurors. Aldrete-Davila repaid this new shower of grace by suing the federal government for $5 million, alleging the shooting violated his civil rights. However, he agreed to help in their criminal prosecution, as well, and the feds are apparently happy to collaborate with the pusher as long as he helped put effective lawmen behind bars."
Ramos and Compean were doing their jobs. The ones who prosecuted them failed to do theirs properly.
2007-09-24 07:40:33 · answer #1 · answered by Anonymous · 3⤊ 0⤋
I want to see Ramos and Compean freed. NOW!
It's Johnny Sutton that belongs in a Federal Prison.
2007-09-24 07:20:43 · answer #2 · answered by Anonymous · 5⤊ 0⤋
The case against was the long arm of the Mexican government reaching protecting their share of the drug smuggling operations
2007-09-24 07:18:17 · answer #3 · answered by jean 7 · 5⤊ 0⤋
I thank heavens they are going to move the case right of District Court. This has been mishandled right from the get go.
I'd even "pony up" for their defense fund, if there was one.
2007-09-24 08:10:47 · answer #4 · answered by go4gin1994 4 · 1⤊ 0⤋
This is another miscarrage of just perpetrated by a misgueded prosecutor and judge. They are the ones who should be in jail. The Border agents were doing their job and the perpetrator was a criminal.
2007-09-24 07:32:34 · answer #5 · answered by rofe 5 · 5⤊ 0⤋
That should get people scarred from working for the Border Patrol.
drugs are bought by whites/blacks/browns/greens/blues persons....no buyers....no sellers....
parents should be telling their kids more about drugs...and also parents should stop using drugs..
2007-09-24 07:23:22 · answer #6 · answered by Anonymous · 2⤊ 0⤋
I wish them luck.
If they ignored regulations I understand the typical administrative penalty is about 6 months suspension. They've already served more than that.
2007-09-24 07:14:03 · answer #7 · answered by DAR 7 · 4⤊ 0⤋
I think they should have been given a medal instead of prison time to begin with.
2007-09-24 07:14:26 · answer #8 · answered by Anonymous · 7⤊ 0⤋
They didn't deserve to be charged, it is not illegal for a police officer to shoot at an armed felon.
An armed felon who had attacked one of the officers.
2007-09-24 07:26:20 · answer #9 · answered by Gray Wanderer 7 · 5⤊ 0⤋
They broke American laws.
American courts foudn them guilty.
They tried to cover it up. That's why they're in trouble.
2007-09-24 07:27:55 · answer #10 · answered by Anonymous · 0⤊ 4⤋