The law they were charged with violating has never been enacted by the United States Congress but rather was fashioned by the U.S. Attorneys Office. In this case I can imagine how difficult it would be to obtain an indictment and conviction for using. ". .possessing." or "carrying" a firearm when the Border Patrol agents were required to carry firearms as part of their job. That difficulty may well explain why this U.S. Attorneys Office unilaterally changed Congresss definition of a crime to a definition that would be easier for the prosecution to prove. When this issue was brought to my attention and to the attention of my colleagues VIRGIL GOODE and former Texas State Judge TED POE. we were pleased to join forces with the Gun Owners Foundation. U.S. Border Control. U.S. Border Control Foundation. and the Conservative Legal Defense & Education Fund to file a friend of the court brief in the U.S. Court of Appeals for the Fifth Circuit. The brief urges reversal of these unjust convictions and 10year mandatory minimum sentences by spelling out how charges contained in two counts of the indictment against the agents are fatally defective.
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