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 Pa-
trol, testified before the Senate that ‘‘Border violence in-
cidents 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 as-
saults include rockings, physical assaults, vehicular as-
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saults as well as shootings and assaults with other weap-
ons. . . . 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 re-
spective 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; 
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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 ap-
proximately 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 involve-
ment 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 pos-
sess 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 Oc-
tober 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 Attor-
ney’s office under section 924(c) of title 18, United 
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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 Commis-
sion, 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 Commis-
sion, sentences in Federal cases for manslaughter aver-
aged just less than 4 years in 2006; 
Whereas according to the United States Sentencing Commis-
sion, sentences in Federal cases of assault averaged just 
less than 3 years in 2006; 
Whereas according to the United States Sentencing Commis-
sion, 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; 
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Whereas these disproportionate sentences constitute a mis-
carriage 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 sen-
tences received by Agents Ramos and Compean, said 
‘‘Some say it’s just too much time, and I have some sym-
pathy 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 de-
nied; 
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 im-
mediately commute the sentences of Agents Ramos and 
Compean to time served. 
Æ 
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