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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 267 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. CON. RES. 267

  Calling on the President to commute the sentences of United States 
  Border Patrol Agents Ignacio Ramos and Jose Compean to time served.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2007

Mr. Delahunt (for himself, Mr. Reyes, Mr. Rohrabacher, Mr. Meeks of New 
York, Mr. Jones of North Carolina, Mr. Crowley, Mr. Hill, Mr. Poe, Mr. 
    McGovern, Mr. Culberson, and Mr. Payne) submitted the following 
   concurrent resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Calling on the President to commute the sentences of United States 
  Border Patrol Agents Ignacio Ramos and Jose Compean to time served.

Whereas United States Border Patrol Agents Ignacio Ramos and Jose Compean worked 
        on the United States border with Mexico;
Whereas David Aguilar, the Chief of the Office of Border Patrol, testified 
        before the Senate that ``Border violence incidents are perpetrated 
        against our agents on an all too frequent basis . . . from February 1, 
        2005, through June 30, 2007, there have been 1,982 incidents where 
        Border Patrol Agents have been assaulted. These assaults include 
        rockings, physical assaults, vehicular assaults as well as shootings and 
        assaults with other weapons. . . . Border Patrol Agents have responded 
        with the use of deadly force on 116 occasions, with 144 agents 
        discharging their weapons during these 116 incidents.'';
Whereas this information would support the premise that Border Patrol Agents 
        operate in a climate of tension, danger, and even fear for the safety of 
        themselves and others;
Whereas on February 17, 2005, near Fabens, Texas, Agents Ramos and Compean, 
        along with other Border Patrol Agents, were involved in the pursuit of 
        Osvaldo Aldrete-Davila, a Mexican national they suspected of smuggling 
        drugs;
Whereas after a high speed vehicle chase, Aldrete-Davila abandoned the van he 
        was driving on the United States side of the border and fled on foot 
        towards the border with Mexico;
Whereas Agents Ramos and Compean also exited their respective vehicles and 
        continued the pursuit on foot, with Agent Compean attempting to 
        intercept Aldrete-Davila while Agent Ramos chased Aldrete-Davila 
        directly;
Whereas during the incident, both Agents Ramos and Compean discharged their 
        weapons, and Agent Ramos testified later that he believed Aldrete-Davila 
        had a gun in his hand, while Agent Compean testified that he saw 
        something ``shiny'' in Aldrete-Davila's hand, but no weapon was 
        recovered;
Whereas according to forensic evidence, Aldrete-Davila was struck by a bullet 
        from the gun of Agent Ramos, but both agents later testified that they 
        did not realize at the time that he had been hit;
Whereas Aldrete-Davila fled across the border into Mexico;
Whereas the van driven by Aldrete-Davila was discovered by other Border Patrol 
        agents to contain 743 pounds of marijuana, worth approximately 
        $1,000,000;
Whereas following an investigation by the Department of Homeland Security's 
        Inspector General and the office of the United States Attorney for the 
        Western District of Texas, Agents Ramos and Compean were arrested 
        approximately a month after the incident;
Whereas serious questions have been raised about the manner in which the office 
        of the United States Attorney, Johnny Sutton, prosecuted the agents, 
        basing his cases largely on the testimony of Aldrete-Davila, testimony 
        for which he was granted ``limited use immunity'' by United States 
        Attorney Sutton's office;
Whereas Aldrete-Davila was not required to fully honor his immunity agreement 
        and testify about his alleged involvement in drug trafficking after the 
        events of February 17, 2005, and before the trial of Agents Ramos and 
        Compean began;
Whereas Aldrete-Davila was arrested in the United States on November 15, 2007, 
        and charged with conspiracy to possess marijuana between June 1, 2005, 
        and November 30, 2005, and also charged with smuggling approximately 750 
        pounds of marijuana, worth over $1,000,000, in October 2005, during the 
        period he possessed ``limited use immunity'' for his testimony against 
        Agents Ramos and Compean;
Whereas among other charges, Border Patrol Agents Ramos and Compean were charged 
        by the United States Attorney's office under section 924(c) of title 18, 
        United States Code, ``Discharge of a firearm in commission of a crime of 
        violence'', which carries a 10-year mandatory minimum sentence;
Whereas Agents Ramos and Compean admitted that they did not fully adhere to 
        Border Patrol policies with regard to reporting the incident, an error 
        that usually would have led to a written reprimand, suspension, or 
        dismissal;
Whereas Agents Ramos and Compean were found guilty of violating section 924(c) 
        of title 18, United States Code, and received the 10-year mandatory 
        minimum sentence;
Whereas Agents Ramos and Compean were also convicted on other charges, so that 
        their total sentences amounted to 11- and 12-year terms, respectively;
Whereas according to the United States Sentencing Commission, the average 
        sentences in Federal cases of sexual abuse averaged 8 and one third 
        years in 2006 (the latest year for which data was available);
Whereas according to the United States Sentencing Commission, sentences in 
        Federal cases for manslaughter averaged just less than 4 years in 2006;
Whereas according to the United States Sentencing Commission, sentences in 
        Federal cases of assault averaged just less than 3 years in 2006;
Whereas according to the United States Sentencing Commission, sentences in 
        Federal cases involving firearms charges averaged 3 years in 2006;
Whereas the sentences imposed on Agents Ramos and Compean are profoundly 
        disproportionate based on the totality of the circumstances and 
        sentencing guidelines;
Whereas these disproportionate sentences constitute a miscarriage of justice;
Whereas former Deputy Chief Luis Barker, who headed the Border Patrol office in 
        the El Paso sector at the time of the incident, stated before the Senate 
        that he agreed that the penalty received by Agents Ramos and Compean was 
        disproportionate;
Whereas United States Attorney Sutton, referring to the sentences received by 
        Agents Ramos and Compean, said ``Some say it's just too much time, and I 
        have some sympathy for that.'';
Whereas Aldrete-Davila was reported in a press account to have stated that he 
        thought the sentences were excessive;
Whereas Agents Ramos's and Compean's motions to remain free on bond while they 
        appeal their sentences were denied;
Whereas Agents Ramos and Compean have been imprisoned since January 17, 2007, 
        awaiting appeal; and
Whereas Agent Ramos has been assaulted by other inmates in prison, and both men 
        are at risk in prison given their law enforcement background: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress calls on the President to immediately commute the 
sentences of Agents Ramos and Compean to time served.
                                 <all>
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