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1 posted on 07/28/2008 11:46:09 AM PDT by Nachum
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To: Nachum

New sentendce: Time served.


2 posted on 07/28/2008 11:48:15 AM PDT by Pistolshot (We need a powerful remedy for NO B.O.)
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To: Nachum

This is great news, I hope they are back with their families soon.


5 posted on 07/28/2008 11:55:31 AM PDT by Cathy
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To: Nachum
New sentence: Time served PLUS ownership of every dime of assets currently possessed by that jackass prosecutor.
7 posted on 07/28/2008 11:56:54 AM PDT by Petronski (Scripture & Tradition must be accepted & honored w/equal sentiments of devotion & reverence. CCC 82)
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To: Nachum
Typical WND article.

Read the headline. Read the article. Read the last paragraph.

10 posted on 07/28/2008 11:59:38 AM PDT by Ben Ficklin
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To: Nachum
They deserve to be pardoned and given back-pay and compensation for this miscarriage of justice.
12 posted on 07/28/2008 12:01:19 PM PDT by Dante3
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To: Nachum
OK, that says some of the charges against them had some substance in the view of the 5th circuit. Now with that knowledge, how should that temper the opinion for commutation of their sentences?

Alot of Freepers have been slamming the President for not doing that but now that a judicial review agrees with some of the charges, he was right more than he was wrong...again.

13 posted on 07/28/2008 12:02:42 PM PDT by pfflier
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To: Nachum

No trouble keeping people in jail when the liberal judges want to do so, just when they don’t.


18 posted on 07/28/2008 12:06:30 PM PDT by Brilliant
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To: Nachum

That’s interesting. The “tampering with an official proceeding” charge was thrown out.

I look forward to reading the details to see what in the trial transcript they found that was in error, to throw out that particular charge.

Unfortunately, that was one of the more minor charges.


21 posted on 07/28/2008 12:08:50 PM PDT by CharlesWayneCT
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To: Nachum; Ajnin; abner; AndrewC; Arizona Carolyn; Brad's Gramma; Brytani; calex59; Calpernia; ...

PING!

RAMOS/COMPEAN Ping
Please freepmail me if you want on or off this list.


23 posted on 07/28/2008 12:11:30 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: Nachum

Here is the opinion — 45 pager. (haven’t read it yet)

http://www.ca5.uscourts.gov/opinions/pub/06/06-51489-CR0.wpd.pdf


25 posted on 07/28/2008 12:12:56 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: Nachum

So they are still stuck with the mandatory 10 year sentence?


27 posted on 07/28/2008 12:16:53 PM PDT by freespirited (Never vote for a man who gets his nails done.)
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To: All

Mostly bad news:


http://www.ca5.uscourts.gov/opinions/pub/06/06-51489-CR0.wpd.pdf

Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.
E. GRADY JOLLY, Circuit Judge:

The two Border Patrol agents, appellants Ignacio Ramos and Jose Compean, were engaged in routine law enforcement along the United States-Mexico border near Fabens, Texas, when they became involved in chasing an alien drug smuggler driving a van as he speeded toward the Mexican border. After the drug smuggler abandoned the van and began to run on foot toward the Mexican border, the agents gave chase, fired their weapons at him several times, and hit him once, but the wound did not prevent his escape into Mexico.

After the incident, there was a “cover-up”—including a clean-up of the area of spent shells and a failure by the two agents to report the weapon-firing incident, as plainly required by well-established Border Patrol policies.

But through a series of fortuitous events, the incident was revealed and then investigated by the Border Patrol. That investigation resulted in these convictions of the two agent-appellants for numerous offenses relating to unlawfully discharging their weapons and concealing the offense. They are now serving lengthy terms in prison.

At trial, the facts were sharply and hotly disputed. The government’s evidence showed that the agents had no reason to shoot the drug smuggler—that he had abandoned his van loaded with marijuana, that he was running on foot back to Mexico, that he posed no physical threat to either officer, and that he was shot in the buttocks. It is well established that the Fourth Amendment to the United States Constitution does not permit officers to shoot a fleeing suspect unless the suspect poses a threat to the physical safety of the officers or to the public.

The defendants’ evidence presented a much different version of the facts from that presented by the government. They testified that they saw something appearing to be a weapon in the drug-smuggler’s hand, that the situation was tense, that they felt in danger, that they acted as reasonable officers in pursuit of a possibly dangerous drug smuggler, and that firing a weapon was justified. Furthermore, they testified that their failure to report the incident was only a matter of negligence.

Once at trial, this case was hardly more than a dispute between these two sets of facts.

The jury was the fact-finder. The jury heard all of the evidence. The jury returned the verdict. The jury did not believe the Border Patrol agents. It convicted them. The government’s evidence, if believed, is sufficient to uphold the convictions. And that is pretty close to the bottom line on guilt or innocence of these agents.

On appeal, we will address some of the errors, legal and evidentiary, alleged to have been committed by the trial court. Many arguments are made by the agents. We will address their primary arguments and we will find merit in some. Accordingly, we will reverse and vacate the convictions on some counts and vacate the sentences on those counts. However, this may not be of much moment to Ramos and Compean because we leave the major conviction with the major sentence—18 U.S.C. § 924(c)—untouched.

In this prefatory statement we should note that the rather lengthy sentences imposed on the defendants—eleven years and a day and twelve years respectively—result primarily from their convictions under § 924(c). Why? Because Congress directed a mandatory minimum sentence of ten years for all defendants convicted under this statute, i.e., using a gun in relation to the commission of a crime of violence. The underlying crime of violence with which the defendants were charged is assault within the special territorial jurisdiction of the United States. Once the defendants were charged by the government and convicted by the jury under this statute, the district court had no discretion but to impose at least a ten-year sentence. Thus, the sentences in this case reflect the mandatory ten years for violation of § 924(c), and one year and a day and two years, respectively, for the remaining several convictions.

The defendants were convicted for assault, discharge of a weapon in the commission of a crime of violence, tampering with an official proceeding, and deprivation of civil rights. We AFFIRM all convictions except those for tampering with an official proceeding, which we VACATE. We REMAND for resentencing.

We turn now to consider the appeal and begin with a more comprehensive rendition of the facts.

(snip)


31 posted on 07/28/2008 12:23:22 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: Nachum
Here is the relevant portion of the ruling as regards the count they threw out:
The defendants were charged with tampering with an official proceeding under 18 U.S.C. § 1512(c) by failing to report the shooting to their supervisors.

They argue on a number of grounds that such a failure to act constitutes neither tampering with evidence nor inhibiting an official proceeding, an argument that we conclude has merit.


46 posted on 07/28/2008 1:13:23 PM PDT by CharlesWayneCT
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To: Nachum

Their only “crime” was they actually attempted to defend the southern border of the United States against foreign invaders and criminals.

If they had looked the other way, they would be free men today.


49 posted on 07/28/2008 1:25:05 PM PDT by Deo volente
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To: Nachum; All

Send some moral support what ever happens.

Ignacio Ramos #58079-180
FCI Phoenix
Federal Correctional Institution
37910 N. 45th Avenue
Phoenix, AZ 85086

Jose Compean #58080180
FCI Elkton
PO Box 10
Lisbon, OH 44432


70 posted on 07/28/2008 2:56:53 PM PDT by dynachrome (Henry Bowman is right)
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To: Nachum

This is not good.

Any proper court would have reversed all counts, particularly with the present state of the facts Re: the ‘witness.’


72 posted on 07/28/2008 3:04:20 PM PDT by editor-surveyor (Jimmy Carter is the skidmark in the panties of American History)
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To: Nachum
..the length of time they took to hand this down tells me that a lot of people just want this to go away.

The opinion has a "hot potato" look to it...

73 posted on 07/28/2008 3:11:32 PM PDT by WalterSkinner ( In Memory of My Father--WWII Vet and Patriot 1926-2007)
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To: Nachum
Heartbreaking and unbelievable. How could this happen? At this point, the 5th Circuit gives me serious pause. I do not know how they could, in good faith, rule this way.

I feel so downcast about this. I didn't even want to get on Internet, FreeRepublic, email, news reports, etc. It is hard to do so even now.

Awaiting word from Monica Ramos and from Pat Gray (on his blog) and Edd Hendee, KSEV AM in Houston - which can be streamed (I think that is the word) on 700 AM from 6-9 A.M. They have fought a good and solid, hard fight for Mr. Ramos' and Mr. Compean's rights. How can Johnny Sutton sleep at night....

If you have not seen BORDER, you must and you must share it with EVERYBODY. (http://www.bordermovie.com/.)

Many FReepers are already in the choir re: BORDER issues, but get copies of BORDER (I get no kickbacks-smiley) so that we can educated people who aren't in the choir. I bought two extra copies to send to libs and they have not, or will not, respond re: their viewing of the DVD or their opinions.

I'm trying to drag them over, nicely, to the bright side.
74 posted on 07/28/2008 3:35:00 PM PDT by hummingbird (If Obama wins, I'm already sick of his first four years.)
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To: Nachum

They should have dropped all charges, awarded them back pay and restitution for false imprisonment, and given them a hero’s homecoming.


81 posted on 07/28/2008 4:39:36 PM PDT by papasmurf (This space left blank intentionly.)
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To: Nachum
but reversed the obstruction of justice counts

That was probably the only count where they were actually guilty. The more serious charges should have been overturned, and this one left in place if they wanted to be just.

91 posted on 07/28/2008 6:51:47 PM PDT by PAR35
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