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United States v. Ramos

United States Court of Appeals, First Circuit

August 13, 2014

UNITED STATES OF AMERICA, Appellee,
v.
ZAIRO RAMOS, Defendant, Appellant

Page 46

[Copyrighted Material Omitted]

Page 47

[Copyrighted Material Omitted]

Page 48

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Hon. José A. Fusté , U.S. District Judge.

Steven A. Feldman for appellant.

Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, was on brief, for appellee.

Before Thompson, Baldock,[*] and Lipez, Circuit Judges.

OPINION

Page 49

LIPEZ, Circuit Judge.

Zairo Ramos and three codefendants were recorded on video engaging in sex acts with a fourteen-year-old girl. In defending at trial against a charge of aiding and abetting the production of child pornography, Ramos claimed unsuccessfully that he did not know the acts were being recorded. Invoking the insufficiency of the evidence, he presses that same argument on appeal, along with a claim that the trial judge deprived him of his right to call a key witness.

With respect to sentencing, Ramos contests the length of, and justification for, his prison term, and challenges supervised release conditions that generally forbid him from using a computer or the internet without permission from his probation officer or the court, and another supervised release condition that bars him from having any " pornographic material."

After carefully considering the record, we affirm the conviction and reject Ramos's challenges to his prison sentence. However, we agree with Ramos that United States v. Perazza-Mercado,553 F.3d 65 (1st Cir. 2009), requires us to vacate the internet, computer, and pornography supervised release conditions. Under Perazza-Mercado, these conditions are not reasonably related to Ramos's characteristics and history, and thus deprive him of more liberty than reasonably necessary to achieve the ...


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