Sen. Cornyn: President Should Commute Sentences Of Imprisoned Former Border Patrol Agents

Press Release

Sen. Cornyn: President Should Commute Sentences Of Imprisoned Former Border Patrol Agents

Reacts to Today's Decision by the Fifth Circuit Court of Appeals

U.S. Sen. John Cornyn, R-Texas, a member of the Senate Judiciary Committee, expressed his strong disappointment with today's ruling by the U.S. Court of Appeals for the Fifth Circuit, which upheld virtually all of the convictions against imprisoned Border Patrol Agents Ignacio Ramos and Jose Alonso Compean. Sen. Cornyn said that with their legal options virtually exhausted, save for intervention by the U.S. Supreme Court, President Bush must step forward and commute their sentences. Sens. Cornyn and Dianne Feinstein first requested a commutation of their sentences in a letter sent to President Bush on July 18, 2007. Both Senators also sent a follow-up letter to the President reiterating this request on April 21, 2008.

"While I am still reviewing this opinion, it's clear that Ignacio Ramos and Jose Compean will not receive the relief that they deserve. It's been more than one year now since Senator Feinstein and I first called on the President to address this miscarriage of justice. With this court decision, it is now more important than ever for the President to act.

"As I have long said, it is incomprehensible to me that an illegal alien drug smuggler was allowed to violate his immunity agreement, perjure himself and be granted a series of unlimited visas to roam free in our country while two border patrol agents were given excessive prison sentences. The sentences of 11 years for Agent Ramos and 12 years for Agent Compean were significantly higher than for many other serious crimes.

"This administration has now had ample time to carefully gather and review the facts of this case. The facts, in my view, point to a clear case of prosecutorial overreach and a case where the sentence does not match the crime. This case cries out for a commutation that is fair and just, and I once again call on President Bush to act."

Sen. Cornyn also said today that he is examining legislation introduced in the House of Representatives by U.S. Rep. Kevin Brady aimed at protecting federal law enforcement officers from the enhanced criminal penalties for gun-use ``while on duty and in pursuit of a criminal they believed to be violent and dangerous.'' The federal prosecutors in the Ramos/Compean case used their discretion to charge this firearms offense under 18 U.S.C. § 924(c), which carries with it a mandatory minimum of 10 years. This was in addition to the 12 other offenses that were charged. The result was that Ramos and Compean received sentences that were higher than the average sentences for other federal crimes.

"Congressman Brady has introduced a bill that in my view addresses a loophole in our federal sentencing guidelines. While I am still examining this issue, it appears on balance, that similar legislation should be introduced in the Senate, and I am committed to pursuing this issue more closely in the days ahead," Sen. Cornyn said.

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