....We conclude. For the most part, the trial of this case was about credibility, and although the jury could have gone either way, it chose not to believe the defendants version of the crucial events of February 17. The trial of the case was conducted fairly and without reversible error. The exclusion of evidence relating to the size of the marijuana load and Aldrete-Davilas alleged involvement in drug-trafficking events of October 2005 did not violate the defendants Sixth Amendment rights to present a complete defense nor did it deny them a proper cross-examination of a witness against them. They were denied no right of due process for lack of notice that § 924(c) could be applied to police officers while performing law enforcement duties. Nor was the § 924(c) indictment defective. Moreover, the defendants were properly convicted of substantive crimes, not for violating Border Patrol policies. In instructing the jury, no reversible errors were committed and, finally, the evidence fully supports the jury verdict. We therefore affirm the convictions for counts 1 through 5 and counts 11 and 12.
....However, we reverse and vacate the convictions for obstruction of justice under § 1512(c)counts 6 through 10 of the indictmentbecause the Border Patrol investigation was not an official proceeding within the meaning of the statute. We therefore remand for resentencing not inconsistent with this opinion.....AFFIRMED IN PART; REVERSED AND VACATED IN PART; and REMANDED FOR RESENTENCING
The counts to which this ruling applies:Count 1: 18 U.S.C. §§7(3), 113(a)(1) & (2) (Both Ramos and Compean)
..... Assault with Intent to Commit Murder, and Aiding and Abetting
Count 2: 18 U.S.C. §§ 113(a)(3) & 2 (Both)
..... Assault with a Dangerous Weapon and Aiding and Abetting
Count 3: 18 U.S.C. §§ 113(a)(6) & 2: (Both)
..... Assault with serious bodily injury and Aiding and Abetting
Count 4: 18 U.S.C. § 924(c)(1)(A) (Ramos)
.... Discharge of a Firearm in Commission of a Crime of Violence
Count 5: 18 U.S.C. § 924(c)(1)(A) (Compean)
.... Discharge of a Firearm in Commission of a Crime of Violence
Count 6: 18 U.S.C. § 1512(c)(1) (Compean)
.... Tampering with an Official Proceeding
Count 7: 18 U.S.C. § 1512(c)(2) (Compean)
.... Tampering with an Official Proceeding
Count 8: 18 U.S.C. § 1512(c)(2) (Both)
.... Tampering with an Official Proceeding
Count 9: 18 U.S.C. § 1512(c)(1) (Ramos)
.... Tampering with an Official Proceeding
Count 10: 18 U.S.C. § 1512(c)(1) (Compean)
.... Tampering with an Official Proceeding
Count 11: 18 U.S.C. § 242 (Compean)
.... Deprivation of Rights Under Color of Law
Count 12: 18 U.S.C. § 242 (Ramos)
.... Deprivation of Rights Under Color of Law
More... original sentencing, modified to strike out the bogus convictions that were vacated by the court:
Counts . Disposition Ignacio Ramos (1) 18:113G.F ASSAULT WITH A DANGEROUS WEAPON AND AIDING AND ABETTING (2sss) 12 months and 1 day imprisonment to be followed by 3 years supervised release with a $2000.00 FINE and $100.00 S/A to run concurrent with counts 3sss, 8sss, 9sss, & 12sss 18:113B.F ASSAULT WITH SERIOUS BODILY INJURY AND AIDING AND ABETTING (3sss) 12 months and 1 day imprisonment to be followed by 3 years supervised release and a $100.00 S/A to run concurrent with counts 2sss, 8sss, 9sss, & 12sss 18:924C.F DISCHARGE OF A FIRARM IN COMMISSION OF A CRIME OF VIOLENCE (4sss) Sentenced to 120 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run consecutive with counts 2sss, 3sss, 8sss, 9sss & 12sss 18:1512C.F TAMPERING WITH AN OFFICIAL PROCEEDING (8sss)12 months and 1 day imprisonment to be followed by 3 years supervised release and a $100.00 S/A to run concurrent with counts 3sss, 2sss, 9sss, & 12sss18:1512C.F TAMPERING WITH AN OFFICIAL PROCEEDING (9sss)12 months and 1 day imprisonment to be followed by 3 years supervised release and a $100.00 S/A to run concurrent with counts 3sss, 8sss, 2sss, & 12sss18:242.F DEPRIVATION OF RIGHTS UNDER COLOR OF LAW (12sss) 12 months and 1 day imprisonment to be followed by 3 years supervised release and a $100.00 S/A to run concurrent with counts 3sss, 8sss, 9sss, & 2sss Jose Alonso Compean (2) 18:113G.F ASSAULT WITH A DANGEROUS WEAPON AND AIDING AND ABETTING (2sss) Sentenced to 24 months imprisonment to be followed by 3 years supervised release with a $2000.00 FINE and $100.00 S/A to run concurrent with 10sss, 3sss, 6sss, 7sss, 8sss, & 11sss 18:113B.F ASSAULT WITH SERIOUS BODILY INJURY AND AIDING AND ABETTING (3sss) Sentenced to 24 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run concurrent with 2sss, 10sss, 6sss, 7sss, 8sss, & 11sss 18:924C.F USE OF A FIREARM IN RELATION TO A CRIME OF VIOLENCE (5sss) Sentenced to 120 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run consecutive with 2sss, 3sss, 6sss, 7sss, 8sss, 10sss & 11sss 18:1512C.F TAMPERING WITH AN OFFICIAL PROCEEDING (6sss)Sentenced to 24 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run concurrent with 2sss, 3sss, 10sss, 7sss, 8sss, & 11sss18:1512C.F TAMPERING WITH A OFFICIAL PROCEEDING (7sss)Sentenced to 24 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run concurrent with 2sss, 3sss, 6sss, 10sss, 8sss, & 11sss18:1512C.F TAMPERING WITH AN OFFICIAL PROCEEDING (8sss)Sentenced to 24 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run concurrent with 2sss, 3sss, 6sss, 7sss, 10sss, & 11sss18:1512C.F TAMPERING WITH AN OFFICIAL PROCEEDING (10sss)Sentenced to 24 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run concurrent with 2sss, 3sss, 6sss, 7sss, 8sss, & 11sss18:242.F DEPRIVATION OF RIGHTS UNDER COLOR OF LAW (11sss) Sentenced to 24 months imprisonment to be followed by 3 years supervised release and $100.00 S/A to run concurrent with 2sss, 3sss, 6sss, 7sss, 8sss, & 10sss
So, as I said earlier, there is no need for a pardon for any of the alleged tampering, cover-ups, etc. Assault, Civil rights violations, and discharge of a firearm in a "crime of violence" are the remaining charges.