Louie Bagels Daidone motion for compassionate release 2022
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Louie Bagels Daidone motion for compassionate release 2022
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.)
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.)
Re: Louie Bagels Daidone motion for compassionate release 2022
Yaeh hes coming out in a bag. Has any mobster doing a life sentence ever been CR?
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Re: Louie Bagels Daidone motion for compassionate release 2022
Greg Scarpa’s son if I remember correctly and Baldy Mike Spinelli though Scarpa’s son cooperated and as for Spinelli, it was short lived because I read that he was sent back to prison.
Guys in top positions who are sent away to do life are never coming home, not even on compassionate release. Frank Locascio and Bobby Manna are two examples of that.
Re: Louie Bagels Daidone motion for compassionate release 2022
Didn't Furnari get released?
- Browniety86
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Re: Louie Bagels Daidone motion for compassionate release 2022
Did he get CR or he get paroled. I asked pennisi if he meet him on street he said no
Re: Louie Bagels Daidone motion for compassionate release 2022
He never met him as a member but he knew him as a kid since his first job as a teenager was for a company Louis Daidone was involved with.Pmac2 wrote:Did he get CR or he get paroled. I asked pennisi if he meet him on street he said no
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Re: Louie Bagels Daidone motion for compassionate release 2022
Furnari was released because he was sentenced before the laws changed.He was released on federal parole which is now abolished.Furnari was released due to his “advanced age and deteriorating health” According to the FOIA files that we have about Furnari.Some great legal work to was possibly a factor in Furnari’s release which took place in 2014.He passed away in 2018.
If Furnari was sentenced after federal parole was abolished then he would never left FMC Rochester alive
- Shellackhead
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Re: Louie Bagels Daidone motion for compassionate release 2022
He’s not getting out