Gangland March 14th 2024

[Dr031718]

He's In A Low-Security Prison Camp; He's Done 22 Years For Non-Violent Crimes, But The Feds Say He Owes Them Four More Years

Edmund (Eddie) Boyle is an enigma. For two years, the ex-Gambino associate has been in a federal prison camp that is home to white collar inmates and politicians serving 90 days to a year and a day. He's serving 20 years for a 2010 Manhattan Federal Court conviction for five late night bank burglaries for which he was also found guilty in Brooklyn Federal Court in 2005, and for which he was sentenced to nine and half years behind bars.

Boyle, who turns 60 later this year and has already served more than 22 years for five of those 1990s bank heists, has filed a most compelling motion for compassion supported by eight employees at his last two prisons. The motion is also unique to Gang Land because Boyle is seeking an early release from the prison term that he has completed for his Brooklyn Federal Court conviction.

The feds oppose it, of course. But if there ever was a mob associate with a legit claim of compassion, it's got to be Boyle. At this point, he's been locked up three times for the same crimes: three years in state prison, and more than 19 years in federal facilities. A main focus of his filing with Judge Pamela Chen is an astounding "disparity and harshness" of the sentence he got for non-violent burglaries compared to those that his codefendants — as well as defendants across the country — received for theirs.

Getting compassionate release for an already completed sentence and using it to get out of prison while still serving time for a second conviction sounds complicated because it is. But in his pro se filing, Boyle has cited an appeals court ruling — not countered by the feds — that okays that proposition. A decision has been pending for three months.

His sentence of 151 months — for racketeering as a member of the so-called Night Drop Crew — was "five times more than what five of my codefendants received," Boyle wrote. It was also "more than twice as long" as the next stiffest prison term of 71 months that Brooklyn Federal Judge Johnson meted out to Battista (Benny the Blade) Geritano, Boyle wrote.

"My whopping 151-month sentence for burglary/racketeering is still more than double the average high-end sentence for robbery in this circuit," Boyle wrote. (An appeals court later reduced it to 118 months.)

In 2022, Boyle wrote, the average prison term of 121 racketeering convictions in the U.S. was 61 months. "In this Circuit," he continued, the average sentence was 41 months "for 25 such convictions." Prison terms for burglaries, he wrote, were much lower in the U.S., "a mean sentence of 18 months and a median sentence of 10 months." In New York, they "averaged a mean of 21 months and a median of six months."

In addition, Boyle asserts his nearly 20 consecutive years of incarceration (since August of 2004) "as a first-time, non-violent offender" combined with his age and his rehabilitation that has been documented by the Bureau of Prisons "constitutes just punishment" for his crimes and are "extraordinary and compelling reasons for a sentence reduction."

A prison chaplain, and five BOP employees at the Fort Dix complex in New Jersey where he was housed for more than 10 years, and two supervisors at the Minersville, PA Prison Camp have all praised his work helping them and other inmates at both facilities in letters and other documents that Boyle has submitted to Judge Chen along with his motion.

Camp Correctional Counselor C. Freeman wrote that Boyle did "outstanding" work overseeing the "overall sanitation of the Camp housing unit;" Maintenance Foreman A. Westcott stated that Boyle "volunteers to perform work on a daily basis," is "responsible with tools and materials" and "requires very little supervision when performing tasks." Both officials, and three Fort Dix employees, each stated that Boyle was "prepared for a positive reentry into society."

Since he was jailed in August of 2004, Boyle wrote, he has "not received a single disciplinary report — called 'incident reports' in the BOP — (and) this fact alone places me in the top 15% of all BOP inmates."

The feds do not contest Boyle's claims about the harshness or disparity of his sentence or his rehabilitation. They oppose his request for compassion on procedural grounds. His novel motion, assistant U.S. attorney Laura Zuckerwise told Chen, was a "third bite of the apple on matters that (were) already decided" in 2021 by Judge Johnson who has passed away since ruling that the First Step Act did not apply to completed sentences and referred the matter to Manhattan.

The government's assertion "is totally disingenuous," Boyle responded. He noted that his motion has "never been adjudicated on the merits." He re-filed his motion, he wrote, "because the Seventh Circuit" Court of Appeals in Chicago had recently ruled that a drug dealer whose prison term for a 2000 conviction in Wisconsin had ended could seek to reduce that sentence since he was still in prison for a 2012 conviction for a crime he committed in Kansas while behind bars.

And he also discovered, Boyle wrote, that in 2019 a federal judge in Brooklyn, Allyne Ross, had reduced a 10-year prison term in a 2009 case for a defendant who was sentenced to nine years in 2011 by then-Judge John Gleeson, ruling that she was "unconvinced" that "a reduction" in the 2009 sentence "would be inconsistent with Judge Gleeson's 2011 sentence."

"While a reduction in (the) sentence will lead to his earlier release from federal custody," the judge wrote, "it does not alter the fact that (the defendant) will have to serve 108 months in prison on the sentence imposed by Judge Gleeson."

That is the same result that reducing his Brooklyn sentence by five years will mean for Boyle: an earlier release from prison than his current release date in December of 2028. And it would not impact the 20-year sentence he got from Manhattan Federal Judge Colleen McMahon for his 2010 conviction for the same burglaries.

Here's how Boyle who worked for a decade in the Fort Dix education department, and obviously did quite a bit of legal research in the law library there, framed it to Judge Chen.

"Although defendant has already finished serving his sentence in this case, his interest in a sentence reduction remains 'concrete' because a reduction would accelerate the date on which he will finish serving his consecutive sentence" in the Manhattan case "and therefore would be eligible for release," Boyle wrote.

"This court has the ability to quicken defendant's release by imposing a reduced sentence under compassionate release," Boyle wrote, noting that in two cases, he was sentenced for crimes for which he refused to plead guilty because he wasn't guilty, and for which he was acquitted by two separate juries.

Because the feds "refused to offer me a plea deal that did not include a guilty plea" to a bank robbery charge that he did not commit, Boyle told Chen, he "had no choice but to go to trial" and the jury "acquitted" him. He was found guilty only of "bank burglary" but given 151 months by Judge Johnson based on the "acquitted conduct."

In the Manhattan case, he was charged again with the same burglaries and with killing a federal informer in 1998. He went to trial again, he said, because the feds "required" him to plead guilty to "killing a witness," a murder that Boyle insists he did not commit. That jury "acquitted me" of all "the murder related counts," he wrote, but he was sentenced to 20 years, again for conduct for which the jury had stated he was "not guilty." In that case, Boyle noted, two defendants who did plead guilty to taking part in the murder of the informer, made out better than ham. They each received 15-year-prison terms.

"By any metric," he wrote, "my sentence is excessive and disparate, both when compared to the sentences of my co-defendants and when compared to the national and Second Circuit mean and median sentences for my offenses. This disparity," he continued, "provides an extraordinary and compelling reason for a sentence reduction."

"My spotless disciplinary record and programming achievement — which have earned me a recidivism score of 'minimum' and the right to live in BOP facilities that are unfenced as a minimum-security inmate — (in more than) 19 years in custody is ample evidence of extraordinary and compelling rehabilitation," Boyle wrote.

"The testimonials of BOP employees show that I have consistently shown that I am trustworthy and tireless in my work," he continued. "Such a long record of rehabilitation is among the factors — just not the only one — that the Court may consider" under the First Step Act, Boyle wrote.

"My remaining life expectancy is less than the time I have been incarcerated," he continued. "A 22-year sentence is substantial and reasonable to accomplish the purposes of sentencing. There is no additional benefit to be achieved by incarcerating me for five additional years. To do so creates (and) perpetuates unwarranted disparity in sentencing," he wrote.

"I hope that you would see the merit of my circumstances and be willing to grant me a compassionate release," Boyle concluded.

Ronnie G Says He's 'A Good Candidate For Release Into The Community.'

Three years after his first effort to overturn what he considered an over-the-top prison term fell on deaf ears, Bonanno wiseguy Ronald (Ronnie G) Giallanzo has filed a double-barreled legal challenge to the 14-years he received after he copped a plea deal to racketeering charges that had called for a sentence of about half that stretch, a little over seven years or just 87 months.

Instead, back in 2018, Giallanzo was hammered by the judge with 12 years for heading a 12-man racketeering enterprise and sentenced to two additional years for committing extortion and other crimes while he was serving strict supervised release restrictions from a prior convicction.

In a court filing last month, Giallanzo cited the First Step Act in seeking a reduction of his "sentence to time served" due to his "serious health concerns," as well as the "exceptional rehabilitation" he's undergone during his "harsh conditions" he's endured during his seven years behind bars that encompassed the Covid pandemic.

In the same filing that seeks his release, Ronnie G, whose current home away from Howard Beach until 2028 is slated to be a federal prison in Pennsylvania, also asserted that a sentencing amendment that was enacted last year mandates a reduction of his prison term by at least 11 months.

In seeking a compassionate release, his lawyers state that Ronnie G is a "heart attack survivor who suffers from hypertension and dyslipidemia" and is a "cancer survivor" who needed surgery in 2007 to eradicate a "rare cancerous tumor that was caused by his extensive participation in the clean-up efforts at the World Trade Center, in the wake of the September 11, 2001 attack."

In addition to those "extraordinary and compelling circumstances," attorneys Anthony DiPietro and Brendan White argue in their combined 135-page filing to Brooklyn Federal Judge Dora Irizarry that Giallanzo is now a 53-year-old grandpa who "presents a low risk of recidivism and is a good candidate for release into the community."

The fact that Ronnie G "has already served a longer sentence than any of his codefendants," as well as "a considerably longer sentence than the typical defendant convicted of racketeering and extortion" was a "call for the Court to exercise its discretion to reduce Mr. Giallanzo's sentence," DiPietro and White wrote.

The lawyers argued that "a variance of 57 months above the top end of the guidelines" plus the two additional years he received for the same crimes while he was on supervised release that made up his 14-year sentence were also "extraordinary and compelling" reasons why Giallanzo should receive a compassionate release.

Prosecutors, who are sure to object to a compassionate release and will most likely argue that the new sentencing amendment does not mandate a re-sentencing for Ronnie G, have been ordered to respond to Giallanzo's motion by April 3.

For more than two years, since February of 2022, Judge Irizarry has been pondering Ronnie G's motion for a new trial. That's when prosecutors submitted their final briefs opposing the motion on the grounds that his former lawyer Elizabeth Macedonio, and prosecutor Lindsay Gerdes induced him to plead guilty at a secret meeting by wrongly assuring him he would receive a "guidelines sentence" and be housed in a federal prison in the New York area if he pleaded guilty instead of going to trial on racketeering charges in 2018.

Judge On His Side: Bonanno Wiseguy Wins Early Release

Bonanno soldier Anthony (Little Anthony) Donato had an unlikely ally last month when the feds sought to block his request for a compassionate release from prison so he could better care for his down-syndrome son: The judge who sentenced him 18 years ago.

Brooklyn Federal Court Judge Nicholas Garaufis ordered the immediate release of Donato, 65, who was in a halfway house with less than a year to go before his mandatory release from custody.

Garaufis ruled that four separate "circumstances" served as "extraordinary and compelling reasons warranting a reduction in his sentence" to time served for his conviction for his 2006 racketeering indictment.

Garaufis noted that Donato, a buddy of former acting boss Vincent (Vinny Gorgeous) Basciano, had conspired with Basciano and served as "a driver in connection with the murder of Frank Santoro" and several other racketeering acts. But he ruled that in the end, "Donato has served a substantial sentence" for his crimes.

"He has served over 19 years in conditions that," the judge wrote, "were more punitive than contemplated at the time the court accepted" a plea deal calling for a 25-year prison term for his role in the Santoro rubout, as well as the planned murder of a second victim who was wounded but survived the hit attempt.

And his agreed upon sentence, the judge wrote, "was longer than the terms for almost all of his co-defendants, including some who were engaged in more serious criminal conduct and had more serious criminal histories." Garaufis cited 15 mobsters, including the current Bonanno boss and underboss, Michael (Mikey Nose) Mancuso and John (Johnny Joe) Spirito. Mancuso got 15 years for ordering a murder of an associate; Spirito got 20 years for a killing ordered by former boss Joe Massino.

Garaufis said those sentencing disparities, along with "Donato's family circumstances with a special-needs son who would greatly benefit from (his) caregiving and support," as well as the "harsher than usual" prison conditions during the Covid pandemic and "his remarkable post-conviction rehabilitation" combined to provide compelling and extraordinary reasons that supported compassion.

In a companion ruling, Garaufis denied a motion for a 47-month reduction of the 30-year sentence of mobster Anthony (Ace) Aiello, whom the feds credit with the 2004 murder of mob associate Randolph (Randy) Pizzolo, whose execution was ordered by Mikey Nose and Vinny Gorgeous.

Aiello, 47, is slated for release from the Fort Dix prison complex in 2029.

[Shellackhead]

Thanks for posting

[Pmac2]

When did the feds start this resentincing shit. Like ronnie g got 12 yrs in 2018 its been 6 yrs. He didnt get a appeal or anything why reduce his sentence. All these must fuck with the courts time

[Little_Al1991]

Thanks for posting

[SonnyBlackstein]

Ronnie's conviction was as head of a 12 man racketering indictment.
Wonder if this was in reference to his crew or guys charged. Min 12 man crew either way.
Is there a list of guys in his crew?

Wonder if Donato gets a bump. Bronx. Did 20yrs. Not many of that left.

Ace will still be a young man when he gets out.

[Aces]

None of these guys will get early release because they are white. Thats the bottom line. You have all these violent black thugs shooting innocent people and every excuse in the book is made for those thugs. Let these guys out and exchange them for the true threat.

[Mikeymike12]

None of these guys will get early release because they are white. Thats the bottom line. You have all these violent black thugs shooting innocent people and every excuse in the book is made for those thugs. Let these guys out and exchange them for the true threat.

Like that Scumbag walking up to random girls in the city and punching them in the face. It’s Disgusting how they let him out right away.

[Pogo The Clown]

None of these guys will get early release because they are white. Thats the bottom line. You have all these violent black thugs shooting innocent people and every excuse in the book is made for those thugs. Let these guys out and exchange them for the true threat.

Like that Scumbag walking up to random girls in the city and punching them in the face. It’s Disgusting how they let him out right away.

Or illegal aliens attacking police and soldiers and being let out days later.


Pogo

[Wiseguy]

None of these guys will get early release because they are white. Thats the bottom line. You have all these violent black thugs shooting innocent people and every excuse in the book is made for those thugs. Let these guys out and exchange them for the true threat.

Like that Scumbag walking up to random girls in the city and punching them in the face. It’s Disgusting how they let him out right away.

Messenger_creation_a94066af-7b2f-4227-9504-0c09d39ef355.jpeg

[Mikeymike12]

None of these guys will get early release because they are white. Thats the bottom line. You have all these violent black thugs shooting innocent people and every excuse in the book is made for those thugs. Let these guys out and exchange them for the true threat.

Like that Scumbag walking up to random girls in the city and punching them in the face. It’s Disgusting how they let him out right away.

Or illegal aliens attacking police and soldiers and being let out days later.


Pogo

And then afterwards after they get let out bragging about it and flipping off the camera . It’s ridiculous