United States v. Ramos, No. 10-3982 (2d Cir. 2012)Annotate this Case
Defendant appealed his conviction following his guilty plea to illegally transporting aliens within the United States; assisting an inadmissible alien in entering the United States; and illegally being present in the United States after having previously been removed. On appeal, defendant contended, inter alia, that the district court miscalculated the applicable sentencing range under the Sentencing Guidelines by adding two points to his criminal history pursuant to U.S.S.G. 4A1.1(d) for his commission of an offense while under a criminal justice sentence. The court held that defendant's knowledge that he was subject to a term of supervised release was not required for the district court to impose an enhancement based on the fact that defendant committed the instant crimes while "under a criminal justice sentence." The court declined to reach defendant's ineffective assistance claim and dismissed without prejudice. With regard to defendant's remaining claims, the court found them to be without merit. Accordingly, the court affirmed the judgment.