But there is a big difference between attempting to convict two LEO's for using a firearm as as opposed while attempting to apprehend a criminal (LEO's are authorized to use the firearms they are issued by their Departments) as opposed to "illegally discharging" a firearm. Again, this is why Sutton altered the statute in the first place.
Then the convictions should be reversed on appeal but they weren't and the 5th isn't known as a liberal court.
And being a "conservative" doesn't make you immune from making mistakes or even boneheaded decisions. History has proven that in spades.
Last I checked, conservatives were human as well.
Regardless of how you, I or the appeals courts view the application of the law that congress enacted they are now getting out and can persue their appeals to overturn the convictions and clear their name. Otherwise they stand convicted by a jury charged with hearing the case.
Have a nice day and overtime we’ll see how his plays out. I suspect both Ramos/Compean are happy to see a day certain that they can be out of prison and with their families and starting to establish a future again.