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Description: Rochester, New York criminal law lawyer represented Defendant charged with being a felony in possession of a firearm and ammunition and in violation of supervised release.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Jose F. Ramos, age 26, of Rochester, New York, was arrested on June 20, 2021, after employees at the McDonald’s Restaurant on Upper Falls Boulevard in Rochester, reported a drive-thru patron displaying a handgun and threatening to shoot an employee. Officers determined Ramos was riding in the vehicle but departed the location by the time police officers arrived. While reviewing video surveillance, officers observed Ramos grabbing at his waist-band area after he exited the passenger side of the vehicle, approach the drive-thru window and throw a drink tray through the window. Ramos was arrested nearby on North Clinton Avenue. Officers found a loaded 9mm semiautomatic handgun on the floor of the passenger seat.
In June 2010, Ramos was convicted in Federal Court for his role in a drug trafficking conspiracy and sentenced to serve 132 months in prison. At the time of his latest arrest, Ramos was serving a term of supervised release and was legally prohibited from possessing a firearm and ammunition.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing was the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
Unlawful transportaton of a firearm in violation of 18 U.S.C. 922(G), which provides:
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Outcome: Defendant was sentenced to 32 months in prison, followed by 3 years of supervised release and was assessed $100.00.
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