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Bush pardons 2 former border guards

WASHINGTON, 01.19.2009

By DEB RIECHMANN , Associated Press Writer

President George W. Bush has commuted the prison sentences of two former Border Patrol guards whose convictions for shooting a Mexican drug dealer ignited debate about illegal immigration.

Bush's act of clemency on Monday for Ignacio Ramos and Jose Compean was a victory for Democratic and Republican members of Congress and others who pleaded with the president to pardon the men or at least commute their sentences.

Ramos and Compean are each serving sentences of more than 10 years for shooting an unarmed illegal immigrant as he was fleeing an abandoned marijuana load in 2005, then trying to cover it up.

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unarmed my a** this is the best thing bush did in his pres. should have done this along time ago

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No kidding, he should've done this two years ago and saved the taxpayers a lot of money. It would be nice if they could get their jobs back.

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after going to jail for doing my job for protecting my country. i would move to canada

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unarmed my a** this is the best thing bush did in his pres. should have done this along time ago

Even better- don't put them on trial in the first place!

But this is a decent fallback.

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I'm glad. And I agree; that's the best thing he's done while in office. Those guys were just doing their job and they got nothing but grief for it.

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I'm sure they may not want their jobs back, but I like their performance on the job. So I think should be able to get back to the fenceline.

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It is embarrassing the way these guys were treated by our government.

However if they had been more proficient at their jobs, the drug smuggler would not have been around to testify against them and they would still be working the border, and I think our country would be a safer place for it. We don't need our law enforcement people second guessing themselves, wondering if they are going to get thrown into prison, when they should be concentrating on shot placement. Ken

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Hey let’s not get too excited here people. The two agents were not pardoned, their sentences were commuted.

That means they are still convicted felons! B) They just don’t have to serve any more time. Bush should have been a man and stepped up and given them a pardon! Then they would not have a record. I don’t know what was going on in his head that he resisted doing anything for so long. Even the Prosecutor and Judge thought the sentence was unfair, but because of sentencing guidelines the guys got shafted. The jury said they would not have convicted if they had been allowed to hear the whole story. Half of the facts about the smuggler and what he was doing was hidden from them.

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K, gotta comment. Prolly shouldn't, but will.

I haven't read the facts of this particular case so I can only speak in generalities.

Yeah, no matter how much you don't want the media or the public or special interest groups to influence your decisions (especially the life & death one's) they do. It sucks to be thinking of all the things that go thru your head in the 2 tenths of a second that makes up a "shoot, no shoot" decision without the fog of the ensuing headlines.

Trust me. After being grilled, sued & grilled some more during a "wrongful death" lawsuit, you stop to think about getting out of your car and being proactive in reducing crime.

It's not uncommon for the jury not to hear the full story of the "victim" if they're a crook. Half of this thinking is okay as the crime under scrutiny should stand on it's own merits. The other half is bad IMO 'cause the jury never learns who you were dealing with.

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I heard something to the fact that you can't give a pardon to someone serving time you can only commute their sentence. After a certain period of time goes by then they can be pardoned. I will try to see if I can find some facts on this. Ken

I found this.

Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., a minimum waiting period of five years after completion of sentence is required before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon. The waiting period, which is designed to afford the petitioner a reasonable period of time in which to demonstrate an ability to lead a responsible, productive and law-abiding life, begins on the date of the petitioner's release from confinement. Alternatively, if the conviction resulted in a sentence other than a term of imprisonment, such as probation or a fine, the waiting period begins on the date of sentencing. In addition, the petitioner should have satisfied the penalty imposed, including all probation, parole, or supervised release. Moreover, the waiting period begins upon release from confinement for your most recent c onviction, whether or not this is the offense for which pardon is sought.

If I understand it correctly, 5 years from the time they get out of jail (March) they can request an executive pardon at that time.

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I heard something to the fact that you can't give a pardon to someone serving time you can only commute their sentence. After a certain period of time goes by then they can be pardoned. I will try to see if I can find some facts on this. Ken

I found this.

Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., a minimum waiting period of five years after completion of sentence is required before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon. The waiting period, which is designed to afford the petitioner a reasonable period of time in which to demonstrate an ability to lead a responsible, productive and law-abiding life, begins on the date of the petitioner's release from confinement. Alternatively, if the conviction resulted in a sentence other than a term of imprisonment, such as probation or a fine, the waiting period begins on the date of sentencing. In addition, the petitioner should have satisfied the penalty imposed, including all probation, parole, or supervised release. Moreover, the waiting period begins upon release from confinement for your most recent c onviction, whether or not this is the offense for which pardon is sought.

If I understand it correctly, 5 years from the time they get out of jail (March) they can request an executive pardon at that time.

I should really read the constitution again but if I remember correctly the President of the United States has the absolute authority to grant a PARDON to anyone the president wants too.

The person being pardoned doesn’t need to have been convicted of a crime or even charged yet. Does anyone remember President Ford giving President Nixon a pardon for any crimes he may have committed?

Ken those look like Justice Department rules. Those aren’t law, just department rules and regulations?

These two agent’s lives have been destroyed. They need more then just being let out of prison. They need their record cleared so they and their families can get on with their lives.

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