by Little_Al1991 » Sat Feb 19, 2022 8:26 am
https://casetext.com/case/united-states-v-daidone
This Decision & Order resolves Defendant Louis Daidone's motion for compassionate release, dated October 12, 2021 (“Motion”). For the reasons stated below, the Motion is respectfully denied.
On January 23, 2004, Daidone, then 58 years old, was convicted of racketeering, in violation of 18 U.S.C. § 1962(c); racketeering conspiracy, in violation of 18 U.S.C. § 1962(d); witness tampering by murder, in violation of 18 U.S.C. §§ 1512(a)(1) and 2; and conspiring to make extortionate extensions of credit and to collect extensions of credit by extortionate means, in violation of 18 U.S.C. §§ 892 and 894. (Presentence Investigation Report (“PSR”) at 1.) Daidone's offense level was 43; his criminal history category was III; the Sentencing Guidelines range for his racketeering and racketeering conspiracy convictions was life imprisonment; the conviction for witness tampering by murder carried a statutory minimum sentence of life imprisonment. (Sentencing Tr. at 7, 9, 13.) On June 29, 2004, the Court sentenced Daidone to three concurrent terms of life imprisonment (for racketeering, racketeering conspiracy, and witness tampering by murder), two concurrent terms of 20 years imprisonment, and five years of supervised release. (Id. at 14-15.)
Daidone's convictions and sentence were affirmed by the Second Circuit on December 15, 2006. See United States v. Daidone, 471 F.3d 371 (2d Cir. 2006). The Court also denied Daidone's habeas petition (brought under 28 U.S.C. § 2255) on August 24, 2009. See Daidone v. United States, 2009 WL 2611943 (S.D.N.Y. Aug. 24, 2009), aff'd, 422 Fed.Appx. 26 (2d Cir. 2011).
Daidone is incarcerated at USP Allenwood in Pennsylvania. He has served 18 years of his sentence. (Def.'s Mot. at 1-2.)
Daidone is 75 years of age. His medical records reflect that he has atrial fibrillation, hypertension, osteoarthritis of the knee, sciatica, and spinal stenosis. (See Med. Records at 2, 70, 113.) As of October 19, 2021, Daidone's atrial fibrillation is reported as “well-controlled” by medication and by a pacemaker inserted on March 15, 2021. (See Id. at 2, 50.) Daidone's hypertension is “doing well on current medications” and a previous complaint of left knee pain has “resolved.” (Id. at 2.) Daidone takes Acetaminophen daily for his sciatica, and, as of March 8, 2021, Daidone's “back pain [ ] has improved with a walker.” (Id. at 2-3, 69.)
3. Daidone's Motion does not appear to argue that COVID-19 poses a risk warranting early release. Daidone is vaccinated against COVID-19. He received the first dose of the Moderna vaccine on January 7, 2021 and the second dose on February 4, 2021. (Id. at 155.)
https://casetext.com/case/united-states-v-daidone
This Decision & Order resolves Defendant Louis Daidone's motion for compassionate release, dated October 12, 2021 (“Motion”). For the reasons stated below, the Motion is respectfully denied.
On January 23, 2004, Daidone, then 58 years old, was convicted of racketeering, in violation of 18 U.S.C. § 1962(c); racketeering conspiracy, in violation of 18 U.S.C. § 1962(d); witness tampering by murder, in violation of 18 U.S.C. §§ 1512(a)(1) and 2; and conspiring to make extortionate extensions of credit and to collect extensions of credit by extortionate means, in violation of 18 U.S.C. §§ 892 and 894. (Presentence Investigation Report (“PSR”) at 1.) Daidone's offense level was 43; his criminal history category was III; the Sentencing Guidelines range for his racketeering and racketeering conspiracy convictions was life imprisonment; the conviction for witness tampering by murder carried a statutory minimum sentence of life imprisonment. (Sentencing Tr. at 7, 9, 13.) On June 29, 2004, the Court sentenced Daidone to three concurrent terms of life imprisonment (for racketeering, racketeering conspiracy, and witness tampering by murder), two concurrent terms of 20 years imprisonment, and five years of supervised release. (Id. at 14-15.)
Daidone's convictions and sentence were affirmed by the Second Circuit on December 15, 2006. See United States v. Daidone, 471 F.3d 371 (2d Cir. 2006). The Court also denied Daidone's habeas petition (brought under 28 U.S.C. § 2255) on August 24, 2009. See Daidone v. United States, 2009 WL 2611943 (S.D.N.Y. Aug. 24, 2009), aff'd, 422 Fed.Appx. 26 (2d Cir. 2011).
Daidone is incarcerated at USP Allenwood in Pennsylvania. He has served 18 years of his sentence. (Def.'s Mot. at 1-2.)
Daidone is 75 years of age. His medical records reflect that he has atrial fibrillation, hypertension, osteoarthritis of the knee, sciatica, and spinal stenosis. (See Med. Records at 2, 70, 113.) As of October 19, 2021, Daidone's atrial fibrillation is reported as “well-controlled” by medication and by a pacemaker inserted on March 15, 2021. (See Id. at 2, 50.) Daidone's hypertension is “doing well on current medications” and a previous complaint of left knee pain has “resolved.” (Id. at 2.) Daidone takes Acetaminophen daily for his sciatica, and, as of March 8, 2021, Daidone's “back pain [ ] has improved with a walker.” (Id. at 2-3, 69.)
3. Daidone's Motion does not appear to argue that COVID-19 poses a risk warranting early release. Daidone is vaccinated against COVID-19. He received the first dose of the Moderna vaccine on January 7, 2021 and the second dose on February 4, 2021. (Id. at 155.)