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U.S. v. Rampersant

Guilty Plea's Withdrawal Denied; Indictment's Dismissal Denied as Unconstitutional

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MEMORANDUM & ORDER Defendant Jamie Rampersant has pleaded guilty to possessing ammunition as a felon in violation of 18 U.S.C. §922(g)(1). Rampersant now moves to withdraw his guilty plea in accordance with Federal Rule of Criminal Procedure 11(d)(2)(B) and to dismiss the Indictment on the ground that 18 U.S.C. §922(g)(1) is unconstitutional as applied to him. (See ECF No. 74, Def.’s Mot. Vacate Guilty Plea & Dismiss Indictment (“Mot.”).) For the reasons below, the Court denies Rampersant’s motion. BACKGROUND I. Factual Background Jamie Rampersant was convicted in New York state criminal court on January 16, 2009, of attempted second-degree criminal possession of a weapon, a Class D felony, and sentenced to 42 months of imprisonment. (ECF No. 51, Presentence Investigation Rep. (“PSR”) 8.) On October 2, 2009, Rampersant was convicted in New York state criminal court of second-degree assault, also a Class D felony, and sentenced to three years of imprisonment. (Id.) Each of these convictions would make it a federal crime for Rampersant to “possess in or affecting commerce, any firearm or ammunition.” See 18 U.S.C. §922(g)(1).¹ On February 12, 2021, the New York City Police Department received a report of shots being fired on a residential street in the Coney Island neighborhood of Brooklyn, New York. (PSR 2.) Officers arrived at the scene and found Todd Henderson, who had been shot in the shoulder. (Id.) The officers interviewed witnesses and reviewed surveillance footage showing Rampersant and Henderson shooting at each other followed by Henderson discarding a firearm. (Id.

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