The Fifth Circuit Court of Appeals today affirmed the major counts against former Border Patrol agents Ignacio Ramos and Jose Compean, reversing only a minor obstruction of justice count.

Ramos and Compean are serving 11- and 12-year prison sentences, respectively, after a jury convicted them of violating federal gun laws and covering up the shooting of a drug smuggler as he fled back to Mexico after driving across the border with 743 pounds of marijuana in February 2005. U.S. Attorney Johnny Sutton's office gave the smuggler, Osbaldo Aldrete-Davila, immunity to serve as the government's star witness and testify against the border agents...

The court affirmed all convictions except for tampering with an official proceeding, which it vacated and remanded for resentencing.

The bulk of their sentences, however, stem from a mandatory 10-year minimum sentence imposed by Congress for anyone convicted of discharging a weapon in the commission of a crime. Only a reversal of that count could remove 10 years from their sentences...

[Rep. Ted Poe, R-Texas], deeply disappointed and clearly upset by the appellate court decision, told WND he would encourage Ramos and Compean to have their lawyers make a further appeal to the U.S. Supreme Court...