Washington, D.C. – In a letter yesterday to U.S. Attorney General Alberto Gonzales, House colleagues joined Third District Representative Walter B. Jones (R-NC) to express their deep concern over an improper and unwarranted criminal charge against U.S. Border Patrol agents Ignacio Ramos and Jose Alonso Compean. The letter’s signatories include Reps. Ernest Istook (R-OK), Gary Miller (CA), Dana Rohrabacher (CA), Ed Royce (CA) and Tom Tancredo (R-CO), Chairman of the House Immigration Reform Caucus.

Agents Ignacio Ramos and Jose Alonso Compean attempted to apprehend a Mexican drug smuggler who brought 743 pounds of marijuana across the U.S. border last year. The two agents were prosecuted by the U.S. Attorney’s Office and the smuggler was granted full immunity to testify against the agents. Both men were convicted by a Texas jury for firing shots at the fleeing smuggler, who they believed carried a gun.

“Border Patrol agents Ramos and Compean were convicted of violating 18 U.S.C.S. §924(c),” the letter states. “This statute makes it a crime to carry or use a firearm during commission of a violent or drug trafficking crime. Violations of the statute carry a mandatory sentence of no less than 10 years. Currently, this is the only charge facing both Ramos and Compean requiring mandatory prison time not to be served concurrently.”

“Yesterday, a motion to delay sentencing for Ramos and Compean was denied,” the letter continues. “Sentencing is now scheduled for Thursday, October 19th. We urge you to take any action you can to either delay this sentencing or have the 18 U.S.C.S. §924(c) charges dropped. This statute has historically been used in violent crime and drug trafficking cases. It has also been applied to law enforcement when necessary, however, based on past applications of §924(c) to law enforcement, it appears that its application in the present case is unwarranted.”

“When §924(c) is applied to law enforcement officers, it is in the context of heinous crimes, such as sexual assaults, which are clearly outside the realm of official duties. The application of §924(c) in this case is overly broad, setting a dangerous precedent of application to law enforcement officers trying to act within the scope of their official duties,” the letter states.

“We strongly urge you to use any authority you have to overturn the unnecessary and overzealous §924 (c) charge against these Border Patrol agents,” the letter concludes.

For additional information or to schedule an interview with Congressman Walter B. Jones please contact Kathleen Joyce at (202) 225-3415.