EL PASO — A former Border Patrol agent convicted of shooting a fleeing drug smuggler was resentenced Wednesday to his original 12-year prison term.
The U.S. attorney’s office said a judge resentenced Jose Alonso Compean to 10 years for his conviction of using a weapon in the commission of a felony, plus two years for assault and other charges.
Compean and former agent Ignacio Ramos were convicted in 2006 of shooting admitted drug smuggler Osvaldo Aldrete Davila and trying to cover it up.
They argued during their trials that they believed the smuggler was armed and they shot him in self-defense. The smuggler denied having a weapon.
The 5th U.S. Circuit Court of Appeals threw out some convictions against Ramos and Compean earlier this year, prompting Wednesday’s resentencing, but the court upheld the majority of the case. Ramos is due to be resentenced today.
Compean’s lawyers said Wednesday they are asking the U.S. Supreme Court to review the case.
Supporters, including members of Congress, have asked President Bush to pardon the men or at least commute their sentences.
“The law that got (Compean) a mandatory 10-year sentence was not designed for the facts of this case,” said Bob Baskett, one of Compean’s attorneys. “It just screams for executive clemency.”
Aldrete pleaded guilty in separate smuggling attempts and was sentenced to nearly 10 years in prison.
