Ramon Ramirez v. United States of America; United States of America v. Ramon Ramirez, a/k/a “Obendy”

CourtDistrict Court, S.D. New York
DecidedDecember 3, 2025
Docket1:24-cv-07957
StatusUnknown

This text of Ramon Ramirez v. United States of America; United States of America v. Ramon Ramirez, a/k/a “Obendy” (Ramon Ramirez v. United States of America; United States of America v. Ramon Ramirez, a/k/a “Obendy”) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramon Ramirez v. United States of America; United States of America v. Ramon Ramirez, a/k/a “Obendy”, (S.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK = = - -- X RAMON RAMIREZ, Movant, 24-cv-07957 (PKC) -against-

UNITED STATES OF AMERICA, Respondent. = = - -- X UNITED STATES OF AMERICA, 19-cr-395 (PKC) -against- OPINION AND ORDER RAMON RAMIREZ, a/k/a “Obendy,” Defendant. = = - -- X CASTEL, U.S.D.J.: Ramon Ramirez moves to vacate, set aside or correct his sentence and, separately, for a sentence reduction for extraordinary and compelling reasons, pursuant to 28 U.S.C. § 2255 and 18 U.S.C. § 3582(c)(1)(A).! He was convicted at trial of conspiracy to commit murder-for- hire and the substantive crime of murder-for-hire. Ramirez faced a Sentencing Guidelines range of 210 to 240 months imprisonment. The Court sentenced him to a below-guidelines sentence of principally 120 months imprisonment. His conviction was affirmed on appeal. United States v. Collins, 21-1291, 2023 WL 309605 (2d. Cir. Jan. 19, 2023). He moved for a sentence reduction

1 Given Ramirez’s pro se status, the Court accords him special solicitude and considers the entirety of his submissions “to raise the strongest arguments that they suggest.” Green v. United States, 260 F.3d 78, 83 (2d Cir. 2001) (quotation marks omitted) (quoting Graham v. Henderson, 89 F.3d 75, 79 (2d Cir. 1996)).

pursuant to section 3582(c)(2) of Title 18 and Amendment 821 to the Sentencing Guidelines, which motion was denied in an Order explaining the reasons for his ineligibility. (ECF 171 & 172.) The trial evidence showed that Ramirez became angry when he learned that his wife, with whom he was separated but living in the same house, was having an affair with another man, Eric Santiago. Ramirez discussed his extreme distress with co-defendant Vance Collins whom he knew as a close friend and leader of a gang. The two hatched a plan to hire someone to attack Santiago. While the attack was originally planned to be a physical assault, it eventually escalated to a plan for murder. Collins arranged for a lower-ranking gang member to commit the murder who, in turn, recruited a second individual. On the evening of the planned murder, the plan was disrupted by the presence of another person at Santiago’s home. Thereafter, the would-be trigger man was arrested on an unrelated charge and the plan was abandoned. For reasons to be explained the Court will deny Ramirez’s section 2255 motion and his motion for a sentence reduction.

THE SECTION 2255 MOTION A. Standard for Relief “[A] collateral attack on a final judgment in a federal criminal case is generally available under § 2255 only for a constitutional error, a lack of jurisdiction in the sentencing court, or an error of law or fact that constitutes ‘a fundamental defect which inherently results in a complete miscarriage of justice.’” United States v. Bokun, 73 F.3d 8, 12 (2d Cir. 1995)

? Unless otherwise noted, all citations to “ECF” are to the docket in 19-cr-395 (PKC).

(quoting Hill v. United States, 368 U.S. 424, 428 (1962)). Review of a section 2255 motion “is ‘narrowly limited in order to preserve the finality of criminal sentences and to effect the efficient allocation of judicial resources.’” United States v. Hoskins, 905 F.3d 97, 102 (2d Cir. 2018) (quoting Graziano v. United States, 83 F.3d 587, 590 (2d Cir. 1996)).

B. Ramirez’s Eighth Amendment Assertions Do Not Provide a Grounds for Section 2255 Relief Ramirez presents an array of complaints about his time in the custody of the Bureau of Prisons, ranging from an inmate-on-inmate assault to inadequate medical care, invoking the Eighth Amendment. Because these grounds neither challenge the proceedings in which he was convicted nor the propriety of the sentence that was imposed, they do not state a ground for relief under section 2255. See Corrao v. United States, 152 F.3d 188, 191 (2d Cir. 1998) (“A motion under § 2255 must be ‘directed to the sentence as it was imposed, not to the manner in which it is being executed.’” (quoting Dioguardi v. United States, 587 F.2d 572, 573 (2d Cir. 1978))); Reyes v. United States, 07-cv-10943 (SAS), 2009 WL 274482, at *6 (S.D.N-Y. Feb. 3, 2009) (a defendant’s arguments “directed to the conditions of his confinement— specifically, the inadequate medical care he receives while in custody” are “not cognizable under section 2255”).

C. Ramirez’s Ineffective Assistance Claims Fail Generally, a defendant is barred from raising claims in a section 2255 motion that were not raised on direct appeal. Zhang v. United States, 506 F.3d 162, 166 (2d Cir. 2007). This procedural default rule, however, does not apply to claims of ineffective assistance of counsel. Massaro v. United States, 538 U.S. 500, 504 (2003).

Ramirez raises multiple grounds alleging ineffective assistance of counsel during pre-trial motion practice and at sentencing. A defendant asserting that counsel’s performance was ineffective under the Sixth Amendment must satisfy the two-prong test established by Strickland v. Washington. 466 U.S. 668 (1984). “First, the defendant must show that counsel’s performance was deficient.” Id. at 687. “The determinative question at this step is not whether counsel deviated from best practices or most common custom, but whether his representation amounted to incompetence under prevailing professional norms.” Harrington v. United States, 689 F.3d 124, 129-30 (2d Cir. 2012) (quotation marks omitted) (quoting Harrington v. Richter, 562 U.S. 86, 105 (2011)). “Second, the defendant must show that the deficient performance prejudiced the defense.” Strickland, 466 U.S. at 687. To establish prejudice, the “defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694. “A reasonable probability is a probability sufficient to undermine the confidence in the outcome.” Id. Ramirez has not met his burden in showing that his counsel’s performance was constitutionally deficient at any stage of the proceeding. 1. Lack of Jurisdiction. Ramirez claims that his counsel was ineffective because he failed to challenge what he characterizes as the Court’s lack of jurisdiction. He appears to be reasserting his contention that his alleged crime was purely intrastate with no interstate nexus. In fact, his counsel filed a written motion to dismiss the indictment because, in the view of the defense, it was premised upon purely intrastate activity. (ECF 22 at 5—13 (“The interstate nexus requirement arises from constitutional limits on Congressional power over intrastate activities under the Commerce Clause. . . .”).) The government responded that the murder-for-hire statute,

18 U.S.C.

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Related

Hill v. United States
368 U.S. 424 (Supreme Court, 1962)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Massaro v. United States
538 U.S. 500 (Supreme Court, 2003)
Harrington v. Richter
131 S. Ct. 770 (Supreme Court, 2011)
United States v. Herbert Sperling
506 F.2d 1323 (Second Circuit, 1975)
United States v. Harry Bernstein
533 F.2d 775 (Second Circuit, 1976)
John Dioguardi v. United States
587 F.2d 572 (Second Circuit, 1978)
United States v. Rigoberto Matos
905 F.2d 30 (Second Circuit, 1990)
United States v. William Bokun
73 F.3d 8 (Second Circuit, 1995)
Francesco Paul Graziano v. United States
83 F.3d 587 (Second Circuit, 1996)
Graham v. Henderson
89 F.3d 75 (Second Circuit, 1996)
Joseph Corrao v. United States
152 F.3d 188 (Second Circuit, 1998)
Harrington v. United States
689 F.3d 124 (Second Circuit, 2012)
Zhang v. United States
506 F.3d 162 (Second Circuit, 2007)
United States v. Zullo
976 F.3d 228 (Second Circuit, 2020)
United States v. Jones
17 F.4th 371 (Second Circuit, 2021)
United States v. Orena
48 F.4th 61 (Second Circuit, 2022)
United States v. Hoskins
905 F.3d 97 (Second Circuit, 2018)

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Bluebook (online)
Ramon Ramirez v. United States of America; United States of America v. Ramon Ramirez, a/k/a “Obendy”, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramon-ramirez-v-united-states-of-america-united-states-of-america-v-nysd-2025.