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Department of Justice

U.S. Attorney's Office
Western District of New York
Trini E. Ross, United States Attorney
For Immediate Release
Thursday, October 20, 2022

Convicted Felon Going Back to Prison on Gun Charge

ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Jose F. Ramos, 36, of Rochester, NY, who was convicted of being a felon in possession of a firearm and ammunition and violation of supervised release, was sentenced to serve 40 months in prison by U.S. District Judge David G. Larimer.

Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Ramos 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.

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