U.S. v. Ramos/Compean Amicus Brief in Support of Petition for Rehearing U.S. Court of Appeals for the Fifth Circuit

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

We filed an amicus curiae brief in the U.S. Court of Appeals for the Fifth Circuit in support of two former Border Patrol agents’ Petitions for Rehearing. This brief emphasized areas where the Fifth Circuit panel’s decision was inconsistent with the law as set forth in our earlier brief filed with the court on May 25, 2007. Read More

USA v. Ignacio Ramos and Jose Alonso Compean Amicus Brief for Congressman Walter Jones, et al. 18 U.S.C. section 924(c)

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today we filed a Brief Amicus Curiae in the U.S. Court of Appeals for the Fifth Circuit supporting the appeal of Border Patrol Agents Ramos and Compean.  Counts four and five of the indictment charge the two with “Discharge of a Firearm in Relation to a Crime of Violence,” under 18 U.S.C. section 924(c), which the Supreme Court has ruled is only a sentencing factor, not one of the three elements — “using,” “carrying,” or “possessing” a firearm.  See Harris v. United States, 536 U.S. 545 (2002). Read More