21-946 United States v. Ellis UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, 2 held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of 3 New York, on the 10th day of March, two thousand twenty-two. 4 5 PRESENT: 6 JOHN M. WALKER, JR., 7 PIERRE N. LEVAL, 8 MICHAEL H. PARK, 9 Circuit Judges. 10 _____________________________________ 11 12 UNITED STATES OF AMERICA, 13 14 Appellee, 15 16 v. 21-946 17 18 CLEON OTHNEIL ELLIS, 19 20 Defendant-Appellant. 21 _____________________________________ 22 23 FOR APPELLEE: David C. James and Genny Ngai, Assistant 24 United States Attorneys, for Breon Peace, 25 United States Attorney for the Eastern 26 District of New York, Brooklyn, NY. 27 28 FOR DEFENDANT-APPELLANT: Colleen P. Cassidy, Federal Defenders of 29 New York, Inc., New York, NY. 30 1 Appeal from a judgment of the United States District Court for the Eastern District of New 2 York (Kuntz, J.). 3 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND 4 DECREED that the judgment of the district court is AFFIRMED. 5 Defendant Cleon Othneil Ellis illegally entered the United States in 1997. He was deported 6 from the country in 2011 after pleading guilty to participating in a conspiracy to distribute cocaine 7 base in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B). In 2019, Ellis was indicted for 8 unlawfully reentering the United States after being convicted of an aggravated felony, in violation 9 of 8 U.S.C. §§ 1326(a) and 1326(b)(2). 10 Ellis pleaded guilty to these charges and consented to being deported. The district court 11 sentenced Ellis to time served followed by a one-year term of supervised release. Ellis now appeals 12 his sentence, arguing that the district court plainly erred when it imposed a term of supervised 13 release without addressing section 5D1.1(c) of the United States Sentencing Guidelines, which 14 provides that district courts “ordinarily should not impose a term of supervised release in a case in 15 which . . . the defendant is a deportable alien who likely will be deported after imprisonment.” 16 U.S.S.G. § 5D1.1(c). We assume the parties’ familiarity with the underlying facts, procedural 17 history, and issues on appeal. 18 “We review a sentence for procedural and substantive reasonableness under a deferential 19 abuse-of-discretion standard.” United States v. Thavaraja, 740 F.3d 253, 258 (2d …
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