United States v. Santos
22-3213
| 2d Cir. | Jun 23, 2025Background:
- Rafael Santos was convicted in 1989, after a jury trial, on seven counts related to a large-scale cocaine trafficking conspiracy, which included shooting a DEA agent and a cooperating witness.
- Santos was sentenced to life imprisonment for conspiring to distribute cocaine and conspiring to murder a federal officer.
- Santos's conviction and sentence were previously upheld by the Second Circuit on direct appeal.
- In June 2022, Santos, proceeding pro se, filed a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A) based on his deteriorating health.
- The District Court denied his motion, finding the sentencing factors in 18 U.S.C. § 3553(a) weighed heavily against release, even assuming extraordinary and compelling reasons were present.
- Santos filed motions for reconsideration and a new compassionate release motion, both denied by the district court; these denials are the subject of the appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of Compassionate Release | Health decline justifies release; low risk to community | § 3553(a) factors—severity, deterrence—outweigh his circumstances | Affirmed denial; sentencing factors justify continued incarceration |
| Weight of Remorse and Rehabilitation | District Court undervalued his remorse and rehabilitation | District Court considered, but found remorse insufficient | Affirmed district court's weighing of § 3553(a) factors |
| Reconsideration Standard | Court overlooked data or law favoring reconsideration | No new controlling authority or facts identified by Santos | Affirmed strict standard; no abuse of discretion |
| Relief under U.S.S.G. § 1B1.13(b)(6) (change in law) | Sentenced longer than would be under current law; disparity | No applicable change in law or gross disparity presented by Santos | No qualifying change in law; did not justify relief |
Key Cases Cited
- United States v. Romero, 897 F.2d 47 (2d Cir. 1990) (upholding Santos's conviction and sentence on direct appeal)
- Grune v. Coughlin, 913 F.2d 41 (2d Cir. 1990) (liberal construction of pro se filings)
- United States v. Cavera, 550 F.3d 180 (2d Cir. 2008) (abuse of discretion standard for evaluating weight accorded to sentencing factors)