IV 

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 asmstockstill on PROD1PC66 with BILLS

2 

•HCON 267 IH 

saults 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 AldreteDavila, 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; 

mstockstill on PROD1PC66 with BILLS

3 

•HCON 267 IH 

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 

mstockstill on PROD1PC66 with BILLS

4 

•HCON 267 IH 

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; 

mstockstill on PROD1PC66 with BILLS

5 

•HCON 267 IH 

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 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress calls on the President to im3 mediately commute the sentences of Agents Ramos and 

4 Compean to time served. 

Æ 

mstockstill on PROD1PC66 with BILLS