United States v. DeJesus

Court of Appeals for the Second Circuit·Decided July 17, 2026·No. 23-6259·Published

Opinion

23-6259 United States v. DeJesus

In the United States Court of Appeals for the Second Circuit

August Term, 2024 No. 23-6259

UNITED STATES OF AMERICA, Appellee,

v.

JAIRO DEJESUS, AKA SEALED DEFENDANT 1, AKA WHEELS Defendant-Appellant. ∗

On Appeal from a Judgment of the United States District Court for the Southern District of New York.

ARGUED: JANUARY 16, 2025 DECIDED: JULY 17, 2026

Before: RAGGI, LIVINGSTON, and NARDINI, Circuit Judges.

After pleading guilty to two drug offenses, Defendant- Appellant Jairo DeJesus was sentenced to 144 months in prison and four years of supervised release in the United States District Court for ∗ The Clerk of Court is respectfully directed to amend the case caption as indicated above. the Southern District of New York (Jesse M. Furman, District Judge). DeJesus appeals his sentence, arguing that the district court erred by denying him an adjustment for acceptance of responsibility, and that his prison term was substantively unreasonable. He also argues that the district court erred by imposing certain conditions of supervised release by orally referencing the pages in the presentence report where they were set forth, rather than reading aloud the conditions in their entirety; and by imposing a mental health treatment condition without sufficient support in the record. We reject each of DeJesus’s arguments and therefore AFFIRM the judgment of the district court.

KEVIN MEAD (Olga I. Zverovich, on the brief), Assistant United States Attorneys, for Damian Williams, United States Attorney, Southern District of New York, New York, NY, for Appellee.

JOHN S. WALLENSTEIN, Law Office of John S. Wallenstein, Garden City, NY, for Defendant- Appellant.

WILLIAM J. NARDINI, Circuit Judge:

After pleading guilty to two drug offenses, Defendant- Appellant Jairo DeJesus was sentenced to 144 months in prison and four years of supervised release in the United States District Court for the Southern District of New York (Jesse M. Furman, District Judge). The court imposed certain standard and special conditions of supervised release by orally referencing several pages of DeJesus’s

2 presentence investigation report (PSR) at the sentencing hearing. One of those conditions required that DeJesus participate in mental health treatment. DeJesus now appeals. He argues (1) that the district court procedurally erred by denying an adjustment to his offense level for acceptance of responsibility under the United States Sentencing Guidelines, (2) that his 144-month sentence was substantively unreasonable, (3) that the district court erred by imposing certain conditions of supervised release by referencing the pages in the PSR where those conditions were set forth, rather than reading aloud the conditions in their entirety, and (4) that the district court erred by imposing the mental health treatment condition without sufficient support in the record. We disagree and therefore AFFIRM the judgment of the district court.

I. Background

Between April 2021 and August 2021, DeJesus sold about 73 grams of substances containing heroin and fentanyl over the course of five controlled buys. DeJesus was arrested pursuant to a criminal complaint on August 16, 2021, and he was granted pretrial release the next day. On the morning of his release, law enforcement officers searched DeJesus’s apartment and discovered about 3 kilograms of fentanyl, as well as drug paraphernalia including a kilo press, which is “a device used to package large quantities of drugs.” United States v. Babilonia, 854 F.3d 163, 171 (2d Cir. 2017). DeJesus promptly decided to make a run for the Dominican Republic, of which he is a

3 citizen. So on August 20, DeJesus arranged for a private jet flight from New York to Miami, and then tried to set up another flight from there to Haiti. But he was caught before he could complete his escape. When DeJesus was arrested, more than $15,000 was found hidden in his shoes. On September 13, 2021, a grand jury returned a two-count indictment against DeJesus, charging him with (1) conspiracy to distribute and possess with intent to distribute a controlled substance that weighed 40 grams and more containing fentanyl, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B), and (2) distribution and possession with intent to distribute of a controlled substance that weighed 40 grams and more containing fentanyl, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B). On April 14, 2022, DeJesus participated in a “safety valve proffer” with the government. A successful safety-valve proffer, in which the defendant “truthfully provide[s] to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan,” may entitle a defendant to a sentence below a statutory minimum, if he also satisfies various other requirements. 18 U.S.C. § 3553(f). To put it mildly, the session did not go well. As the government reported to the district court, DeJesus repeatedly lied. Among other things, DeJesus claimed that he never sold narcotics in his apartment; that the drugs found in the search of his apartment were not his; that he did not know why photographs of kilogram-sized bricks of narcotics were on his phone; and that he had not taken a flight to Miami (he said that he drove).

4 II. District Court Proceedings

On June 2, 2022, DeJesus pleaded guilty sans plea agreement to both counts in the indictment. On October 12, 2022, the Probation Department issued DeJesus’s final PSR, which calculated DeJesus’s recommended sentence under the November 2021 Guidelines Manual. The PSR began by setting the base offense level at 32 based on the amount of fentanyl involved in the offenses. The offense level was increased by two pursuant to Guideline § 2D1.1(b)(12) because DeJesus maintained premises (his apartment) for the purpose of distributing drugs. It was increased by another two levels pursuant to Guideline § 3C1.1 (Obstructing or Impeding the Administration of Justice) because DeJesus tried to flee the country while on pretrial release. The total offense level of 36, combined with DeJesus’s criminal history category of I, resulted in a sentencing range of 188 to 235 months. The PSR recommended, however, a total term of imprisonment of 84 months in light of his familial ties and responsibilities. The PSR proposed that DeJesus’s term of imprisonment be followed by four years of supervised release, and suggested twelve standard and five special conditions of supervised release, in addition to four conditions that were mandatory with any term of supervised release. The recommended conditions were listed in full on pages 22 through 24 of the PSR. DeJesus filed his objections to the PSR one month later. He argued that he should not receive a two-point obstruction of justice enhancement because his attempt to abscond to the Dominican Republic was not directly related to the criminal conduct for which he was arrested; that, relatedly, he should receive a downward

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