The Ramos-Compean Justice Act of 2009
On July 24, Representative Robert “Bobby” Scott (D-Va.) and Representative Ted Poe (R-Texas) introduced H.R. 3327, the “Ramos-Compean Justice Act of 2009.” H.R. 3327 would allow courts to sentence below a mandatory minimum when, after looking at all the relevant facts and circumstances of the case and considering the purposes of punishment, imposing a mandatory minimum sentence would violate congressional command in 18 U.S.C. § 3553(a) that the sentence be no greater than necessary to comply with the purposes of punishment.
H.R. 3327 would retain mandatory minimums in the criminal code and Congress would retain the ability to set mandatory minimums. At the same time, it would empower courts to use their discretion and impose a sentence below a mandatory minimum in cases where the mandatory minimum sentence would be greater than necessary to achieve the goals of punishment.
Section 3553(a) reads:
The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider—
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed—
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for—
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines—
(I) issued by the Sentencing Commission pursuant to section 994 (a)(1) of title 28, United States Code, subject to any amendments made to such guidelines by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994 (p) of title 28); and
(ii) that, except as provided in section 3742 (g), are in effect on the date the defendant is sentenced; or
(B) in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section 994 (a)(3) of title 28, United States Code, taking into account any amendments made to such guidelines or policy statements by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994 (p) of title 28);
(5) any pertinent policy statement—
(A) issued by the Sentencing Commission pursuant to section 994 (a)(2) of title 28, United States Code, subject to any amendments made to such policy statement by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994 (p) of title 28); and
(B) that, except as provided in section 3742 (g), is in effect on the date the defendant is sentenced.[1]
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense.
The bill’s title is a reference to the convictions of two Border Patrol agents, Jose Compean and Ignacio Ramos, convicted of shooting an unarmed, fleeing man, later identified as an undocumented immigrant and drug smuggler. George W. Bush granted clemency to the two former Border Patrol agents in January 2009 after they received 10-year mandatory minimums under 18 U.S.C. § 924(c) for discharging a firearm in the commission of a crime of violence.
Thousands of bills are filed in Congress each year. All are referred to the committee or subcommittee of jurisdiction, but very are scheduled for a vote. This bill was referred to the House subcommittee on Crime, Terrorism and Homeland Security. No companion bill has been introduced in the Senate. It may take several years to develop the type of support needed for this bill to pass both the House and the Senate. (A bill needs 217 votes to pass the House of Representatives and at least 50 votes to pass the Senate.)
FAMM believes that it is worth the time and commitment needed to pass H.R. 3327.
Click here to download talking points on H.R. 3327.