23-6395-cr United States v. Ramos
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 29th day of May, two thousand twenty-four. Present: RICHARD C. WESLEY, WILLIAM J. NARDINI, BETH ROBINSON, Circuit Judges. _____________________________________ UNITED STATES OF AMERICA, Appellee, v. 23-6395-cr ROGELIO RAMOS, Defendant-Appellant. _____________________________________
For Appellee: Michael S. Barnett, Joshua Rothenberg, Assistant United States Attorneys, for Carla B. Freedman, United States Attorney for the Northern District of New York, Syracuse, NY
For Defendant-Appellant: Molly K. Corbett, Assistant Federal Public Defender, Albany, NY
1 Appeal from a judgment of the United States District Court for the Northern District of
New York (Lawrence E. Kahn, District Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the judgment of the district court is AFFIRMED.
Defendant-Appellant Rogelio Ramos appeals from a judgment of the United States District
Court for the Northern District of New York (Lawrence E. Kahn, District Judge), entered on April
19, 2023, revoking Ramos’s supervised release and sentencing him to ten months of imprisonment
followed by three years of supervised release following his guilty plea to a violation of his
supervised release conditions. Nine years earlier, in 2014, Ramos had pled guilty to nine counts
related to his participation in a racketeering conspiracy and was sentenced to 102 months of
imprisonment followed by five years of supervised release.
In November 2021, while on supervised release, Ramos was charged by state authorities
with second-degree assault with intent to cause injury to an officer, disorderly conduct,
fighting/violent behavior, and resisting arrest. These charges stemmed from his involvement
(while outside the judicial district without permission as required by his then-existing supervised
release terms) in a physical altercation in which he was “actively punching [two men] with closed
fists,” had refused law enforcement’s orders to stop fighting, had actively resisted arrest, and had
“allegedly bit[] one of the officers in the right forearm, causing a deep laceration and heavy
bruising.” App’x 15.
Based on this conduct, the U.S. Probation Office filed a revocation petition charging
Ramos with two violations of his supervised release conditions: (1) committing another federal,
state, or local crime, and (2) leaving the judicial district without permission. In March 2022,
Ramos pled guilty to the second violation, and the district court revoked Ramos’s supervised
2 release and imposed a sentence of ten months of imprisonment followed by three years of
supervised release. The district court also granted the government’s motion to dismiss the first
violation. Ramos appealed, and the government conceded that the district court had not adequately
explained its reasoning for the sentence, so this Court vacated and remanded for de novo
resentencing.
In April 2023, the district court resentenced Ramos to the same sentence—ten months of
imprisonment, which was effectively time served based on the duration of Ramos’s intervening
incarceration, and three years of supervised release. Ramos now appeals, challenging the three-
year term of supervised release as procedurally and substantively unreasonable. We assume the
parties’ familiarity with the case.
“Sentences for violations of supervised release are reviewed under the same standard as
for sentencing generally: whether the sentence imposed is reasonable.” United States v. Smith,
949 F.3d 60, 65–66 (2d Cir. 2020). 1 Reasonableness is “a particularly deferential form of abuse-
of-discretion review that we apply both to the procedures used to arrive at the sentence (procedural
reasonableness) and to the length of the sentence (substantive reasonableness).” United States v.
Davis, 82 F.4th 190, 195–96 (2d Cir. 2023). “[W]here a defendant fails to raise his procedural
objections at the time of sentencing,” including that the district court failed to adequately explain
its reasoning, “we review for plain error.” United States v. Degroate, 940 F.3d 167, 174 (2d Cir.
2019); see also Smith, 949 F.3d at 66. “To establish plain error, a defendant must demonstrate
that: (1) there is an error; (2) the error is clear or obvious, rather than subject to reasonable dispute;
(3) the error affected the defendant’s substantial rights, which in the ordinary case means it affected
1 Unless otherwise indicated, case quotations omit all internal quotation marks, alteration marks, footnotes, and citations.
3 the outcome of the district court proceedings; and (4) the error seriously affects the fairness,
integrity or public reputation of judicial proceedings.” Degroate, 940 F.3d at 174.
Imposition of supervised release is governed by 18 U.S.C. § 3583, which provides that in
imposing a term of supervised release, the district court must consider certain of the factors set
forth in 18 U.S.C. § 3553(a), specifically: “the nature and circumstances of the offense”; “the
history and characteristics of the defendant”; the promotion of deterrence; the protection of the
public from further crimes of the defendant; providing the defendant with necessary “educational
or vocational training, medical care, or other correctional treatment”; “any pertinent policy
statement”; avoiding sentencing disparities; and providing restitution to any victims. 18 U.S.C.
§ 3553(a); see id. § 3583(c). A district court must also “state in open court the reasons for its
imposition of the particular sentence.” Davis, 82 F.4th at 196 (quoting 18 U.S.C. § 3553(c)).
Ramos argues that the supervised release term is unreasonable because (1) the district court
did not adequately explain its reasons; (2) the district court improperly considered rehabilitation;
(3) the district court’s reasons were unsupported by the record; and (4) a three-year term is too
long given Ramos’s recent history and certain of his positive personal characteristics. We disagree
and instead conclude that the three-year term of supervised release is neither procedurally nor
substantively unreasonable.
First, because Ramos failed to object at the sentencing hearing to the adequacy of the
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23-6395-cr United States v. Ramos
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 29th day of May, two thousand twenty-four. Present: RICHARD C. WESLEY, WILLIAM J. NARDINI, BETH ROBINSON, Circuit Judges. _____________________________________ UNITED STATES OF AMERICA, Appellee, v. 23-6395-cr ROGELIO RAMOS, Defendant-Appellant. _____________________________________
For Appellee: Michael S. Barnett, Joshua Rothenberg, Assistant United States Attorneys, for Carla B. Freedman, United States Attorney for the Northern District of New York, Syracuse, NY
For Defendant-Appellant: Molly K. Corbett, Assistant Federal Public Defender, Albany, NY
1 Appeal from a judgment of the United States District Court for the Northern District of
New York (Lawrence E. Kahn, District Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the judgment of the district court is AFFIRMED.
Defendant-Appellant Rogelio Ramos appeals from a judgment of the United States District
Court for the Northern District of New York (Lawrence E. Kahn, District Judge), entered on April
19, 2023, revoking Ramos’s supervised release and sentencing him to ten months of imprisonment
followed by three years of supervised release following his guilty plea to a violation of his
supervised release conditions. Nine years earlier, in 2014, Ramos had pled guilty to nine counts
related to his participation in a racketeering conspiracy and was sentenced to 102 months of
imprisonment followed by five years of supervised release.
In November 2021, while on supervised release, Ramos was charged by state authorities
with second-degree assault with intent to cause injury to an officer, disorderly conduct,
fighting/violent behavior, and resisting arrest. These charges stemmed from his involvement
(while outside the judicial district without permission as required by his then-existing supervised
release terms) in a physical altercation in which he was “actively punching [two men] with closed
fists,” had refused law enforcement’s orders to stop fighting, had actively resisted arrest, and had
“allegedly bit[] one of the officers in the right forearm, causing a deep laceration and heavy
bruising.” App’x 15.
Based on this conduct, the U.S. Probation Office filed a revocation petition charging
Ramos with two violations of his supervised release conditions: (1) committing another federal,
state, or local crime, and (2) leaving the judicial district without permission. In March 2022,
Ramos pled guilty to the second violation, and the district court revoked Ramos’s supervised
2 release and imposed a sentence of ten months of imprisonment followed by three years of
supervised release. The district court also granted the government’s motion to dismiss the first
violation. Ramos appealed, and the government conceded that the district court had not adequately
explained its reasoning for the sentence, so this Court vacated and remanded for de novo
resentencing.
In April 2023, the district court resentenced Ramos to the same sentence—ten months of
imprisonment, which was effectively time served based on the duration of Ramos’s intervening
incarceration, and three years of supervised release. Ramos now appeals, challenging the three-
year term of supervised release as procedurally and substantively unreasonable. We assume the
parties’ familiarity with the case.
“Sentences for violations of supervised release are reviewed under the same standard as
for sentencing generally: whether the sentence imposed is reasonable.” United States v. Smith,
949 F.3d 60, 65–66 (2d Cir. 2020). 1 Reasonableness is “a particularly deferential form of abuse-
of-discretion review that we apply both to the procedures used to arrive at the sentence (procedural
reasonableness) and to the length of the sentence (substantive reasonableness).” United States v.
Davis, 82 F.4th 190, 195–96 (2d Cir. 2023). “[W]here a defendant fails to raise his procedural
objections at the time of sentencing,” including that the district court failed to adequately explain
its reasoning, “we review for plain error.” United States v. Degroate, 940 F.3d 167, 174 (2d Cir.
2019); see also Smith, 949 F.3d at 66. “To establish plain error, a defendant must demonstrate
that: (1) there is an error; (2) the error is clear or obvious, rather than subject to reasonable dispute;
(3) the error affected the defendant’s substantial rights, which in the ordinary case means it affected
1 Unless otherwise indicated, case quotations omit all internal quotation marks, alteration marks, footnotes, and citations.
3 the outcome of the district court proceedings; and (4) the error seriously affects the fairness,
integrity or public reputation of judicial proceedings.” Degroate, 940 F.3d at 174.
Imposition of supervised release is governed by 18 U.S.C. § 3583, which provides that in
imposing a term of supervised release, the district court must consider certain of the factors set
forth in 18 U.S.C. § 3553(a), specifically: “the nature and circumstances of the offense”; “the
history and characteristics of the defendant”; the promotion of deterrence; the protection of the
public from further crimes of the defendant; providing the defendant with necessary “educational
or vocational training, medical care, or other correctional treatment”; “any pertinent policy
statement”; avoiding sentencing disparities; and providing restitution to any victims. 18 U.S.C.
§ 3553(a); see id. § 3583(c). A district court must also “state in open court the reasons for its
imposition of the particular sentence.” Davis, 82 F.4th at 196 (quoting 18 U.S.C. § 3553(c)).
Ramos argues that the supervised release term is unreasonable because (1) the district court
did not adequately explain its reasons; (2) the district court improperly considered rehabilitation;
(3) the district court’s reasons were unsupported by the record; and (4) a three-year term is too
long given Ramos’s recent history and certain of his positive personal characteristics. We disagree
and instead conclude that the three-year term of supervised release is neither procedurally nor
substantively unreasonable.
First, because Ramos failed to object at the sentencing hearing to the adequacy of the
district court’s explanation, we review that challenge for plain error. The district court explained
that supervised release “serves [the] purpose” of “help[ing] [Ramos] and [his] family.” App’x 53.
It further stated while imposing special conditions of supervised release related to substance abuse
that such conditions are justified due to Ramos’s “substance abuse history,” including that he was
“intoxicated at the time of [his] most recent arrest.” Id. 53–54. This explanation also came against
4 the backdrop of the court’s stated reasons for imposing the ten-month term of imprisonment,
including the “seriousness of [Ramos’s] breach of the Court’s trust” and the need “to protect the
public from further crimes” based on the seriousness and violent circumstances of Ramos’s
violative conduct. Id. 51–52. Taking all these stated justifications together, the district court’s
explanation was not so deficient as to be plainly erroneous. See United States v. Cassesse, 685
F.3d 186, 192 (2d Cir. 2012) (holding that the district court’s relatively brief statement of reasons
for its imposition of supervised release at a revocation sentencing was not plainly erroneous, noting
that “the length and detail required of a district court’s explanation varies according to the
circumstances,” and where “the sentence concerns a violation of supervised release and the
ultimate sentence is within the recommended range, compliance with the statutory requirements
can be minimal”).
Second, Ramos’s invocation of Tapia v. United States, 564 U.S. 319 (2011), to argue that
the district court cannot consider rehabilitation in determining the length of a supervised release
term is inapt. Tapia held that “a court may not impose or lengthen a prison sentence to enable an
offender to complete a treatment program or otherwise to promote rehabilitation.” Id. at 335
(emphasis added). But that holding has no application to non-penal sentences like supervised
release. In fact, Tapia itself acknowledges that courts may take rehabilitation into account when
imposing supervised release. See id. at 330 (observing that the Sentencing Reform Act “instructs
courts, in deciding whether to impose probation or supervised release, to consider whether an
offender could benefit from training and treatment programs” (citing 18 U.S.C. § 3583(c)).
Third, Ramos’s argument that the record does not support the district court’s conclusions
that he “needed help” and “posed a risk to reoffend,” Appellant’s Br. at 26, is unavailing. Ramos
focuses on several mitigating factors, including that he “rejoined his family, fully filling his role
5 as father,” “secured full-time employment[,] and participated in his counseling requirements.” Id.
But the district court explained that in July 2022, Ramos was convicted in state court of a criminal
offense arising out of the above-described violent physical altercation with two men, resisting
arrest, and biting a police officer (hard enough to cause serious injury) while intoxicated.
Therefore, the district court’s conclusion that despite taking some positive forward steps, Ramos
needed further rehabilitation and still posed a risk of recidivism was sufficiently tethered to the
record. See App’x 49 (“I recognize that Mr. Ramos has been doing well in regards to employment,
family, and all that. I also have to hold him accountable for the situation here.”).
Last, Ramos contends that the length of the imposed term of supervised release—three
years—was not warranted under the applicable sentencing factors. Although the government
requested only a one-year term, the three-year term imposed is not so “shockingly high” as to
constitute an “exceptional case[].” Davis, 82 F.4th at 200. And to the extent Ramos takes issue
with the manner in which the district court weighed the applicable factors, such balancing is
unreviewable here since the sentence is otherwise procedurally and substantive reasonable. See
id. at 203 (“[T]he weight to be afforded any sentencing factor is a matter firmly committed to the
discretion of the sentencing judge and is beyond [this Court’s] review, so long as the sentence
ultimately imposed is reasonable.”).
* * *
We have considered all of Ramos’s remaining arguments and find them unpersuasive.
Accordingly, we AFFIRM the judgment of the district court.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk