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1 1 (February 6, 2020)

handle is hein.crs/goveauh0001 and id is 1 raw text is: Congressional ______ SResearch Service a Court Tosses Convictions for Killing ICE Agent Abroad February 6, 2020 In United States v Garcia Sota, two defendants were each convicted on four counts under three different statutes-18 U.S.C. @@ 924(c), 1114, and 1116-for attacking a pair of U.S. Immigration and Customs Enforcement (ICE) agents in Mexico, killing one and wounding the other. A panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) vacated the defendants' convictions under Section 1114, which outlaws killing federal officers while performing their duties, on the ground that the statute does not apply outside of the United States. The D.C. Circuit's decision creates a conflict with decisions of two other federal appellate courts that the full D.C. Circuit, the Supreme Court, or Congress may be asked to resolve. Background Jose Garcia Sota and Juan Amezuca were members of a drug cartel hit squad tasked with stealing cars for the cartel. The squad ambushed an armored Chevrolet Suburban with diplomatic plates on a Mexican highway. The attack killed ICE Special Agent Jaime Zapata and wounded ICE Special Agent Victor Avila. Mexico extradited seven cartel members to the United States in connection with the attack. Five pleaded guilty to various federal charges. Garcia Sota and Amezuca elected to go to trial. A jury convicted them of four offenses proscribed under three federal statutes. Section 924(c) outlaws using a firearm in furtherance of the commission of a crime of violence or drug trafficking. Section 1114 outlaws murdering and attempting to murder federal officers or employees during the performance of their duties. Section 1116 outlaws murdering or attempting to murder internationally protected officials. Only Agent Avila, who was wounded, enjoyed protected diplomatic status for purposes of Section 1116. Agent Zapata, who was murdered, did not. First degree murder under Section 1114 is punishable by death or imprisonment for life. Attempted murder under Section 1114 or 1116 is punishable by imprisonment for not more than 20 years. Using a semiautomatic assault weapon in furtherance of drug trafficking where death results, as was the case here, is punishable by death or by imprisonment for any term of years or for life. The district court sentenced each defendant to two terms of life imprisonment. On appeal, the defendants did not challenge their convictions under Section 1116 for the attempted murder of Agent Avila. They argued that their murder and attempted murder convictions under Section Congressional Research Service https://crsreports. congress.gov LSB10405 CRS Legal Sidebar Prepared for Members and Committees of Congress

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