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Re: Thomas gioeli sentenced
[Re: domwoods74]
#768829
03/19/14 10:55 PM
03/19/14 10:55 PM
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Joined: Jul 2012
Posts: 667
boston/north end
Joerusso
consigleire
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consigleire
Underboss
Joined: Jul 2012
Posts: 667
boston/north end
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In the FEDS you have a guidline, which im sure most of yous know, but the judge can give you more or less based on U.S. v Booker. the judge has to sentence you based on guideline as a measuring point and only use the guidelines as advisor it is not mandotory like it used to be. If he, is facing a mandotory minimum, the judge has no choice but to give him that. With that said if he was raketeering with a a gun, add two levels and so one for certain crimes...not knowing much of this case and based off my knowledge with this type of cases, I would say his base offense level is like 30 something which is 200 something months or so, so he couldve got worst a lot worst if they applied things like guns, domestic terrorism, and a lot more.
So in the bright side he gets two months off every year in the feds so thats like two or three years off the bat so 18 turns into 15, halfway house so that makes it 14...he got 6 years in that makes it 8 years .. He will be home by the time he is 70 never mind the programs you can take to knock off time so he is in pretty good shape you ask me...
raymond l.s.patrairca sr to u.s. state committee- " if i didnt have my case coming up ill to come back in here with two gentlemen and when this is over with and really lay down the law, yous guys been giving me nothing but alot of hookwhick and i wish i wasnt on trial and have this case and really tell the united states whats going on "
Jerry Anguilo on wartime with winter hill - " If we got to war we got Joe Russo and the maverick boys so we have nothing to worry about they can go to vietnam and come back untouched "
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Re: Thomas gioeli sentenced
[Re: Ted]
#768832
03/20/14 12:04 AM
03/20/14 12:04 AM
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Joined: Feb 2013
Posts: 722
Midwest
LittleNicky
Underboss
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Underboss
Joined: Feb 2013
Posts: 722
Midwest
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With time served and good behavior, he has less than 10 years left on his sentence. Federal prisoners have to serve 80% of their sentences by law. This isn't the state of NY. That is 14.5 right there best case scenario. Was he in the can awaiting this trial or did have another conviction he was serving time on? If it was awaiting trial, then he does have 5-7 in time served.
Last edited by LittleNicky; 03/20/14 12:06 AM.
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison.
I've read the RICO Act, and I can tell you it's more appropriate...
for some of those guys over in Washington than it is for me or any of my fellas here
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Re: Thomas gioeli sentenced
[Re: Joerusso]
#768834
03/20/14 12:10 AM
03/20/14 12:10 AM
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Joined: Feb 2013
Posts: 722
Midwest
LittleNicky
Underboss
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Underboss
Joined: Feb 2013
Posts: 722
Midwest
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In the FEDS you have a guidline, which im sure most of yous know, but the judge can give you more or less based on U.S. v Booker. the judge has to sentence you based on guideline as a measuring point and only use the guidelines as advisor it is not mandotory like it used to be. If he, is facing a mandotory minimum, the judge has no choice but to give him that. With that said if he was raketeering with a a gun, add two levels and so one for certain crimes...not knowing much of this case and based off my knowledge with this type of cases, I would say his base offense level is like 30 something which is 200 something months or so, so he couldve got worst a lot worst if they applied things like guns, domestic terrorism, and a lot more.
So in the bright side he gets two months off every year in the feds so thats like two or three years off the bat so 18 turns into 15, halfway house so that makes it 14...he got 6 years in that makes it 8 years .. He will be home by the time he is 70 never mind the programs you can take to knock off time so he is in pretty good shape you ask me... Yea take a look at the chart. This was well within the guidelines based on his long criminal history.
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison.
I've read the RICO Act, and I can tell you it's more appropriate...
for some of those guys over in Washington than it is for me or any of my fellas here
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Re: Thomas gioeli sentenced
[Re: domwoods74]
#768835
03/20/14 12:43 AM
03/20/14 12:43 AM
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Joined: Jul 2012
Posts: 667
boston/north end
Joerusso
consigleire
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consigleire
Underboss
Joined: Jul 2012
Posts: 667
boston/north end
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Yea I was right and in the FEDS you have to serve 85% of the time but in the same difference, they recieve 57 days off every year off the bat so thats basically two months every year which adds up to three three years for his 18 years which leaves him 15 years ...halfway house gives him a year so that is 14 years with 6 years in he be out before he is 70..Iff you ask me he got a deal because they couldve added all types of enhancements and upward departures and really gave him 30-40 years and he really die in prison. This right here is to make sure he flys straight for a while and gets the idea that his next sentence will be death in the can
raymond l.s.patrairca sr to u.s. state committee- " if i didnt have my case coming up ill to come back in here with two gentlemen and when this is over with and really lay down the law, yous guys been giving me nothing but alot of hookwhick and i wish i wasnt on trial and have this case and really tell the united states whats going on "
Jerry Anguilo on wartime with winter hill - " If we got to war we got Joe Russo and the maverick boys so we have nothing to worry about they can go to vietnam and come back untouched "
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Re: Thomas gioeli sentenced
[Re: LittleNicky]
#769021
03/21/14 02:28 AM
03/21/14 02:28 AM
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Joined: Jun 2012
Posts: 1,113
Ted
Underboss
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Underboss
Joined: Jun 2012
Posts: 1,113
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With time served and good behavior, he has less than 10 years left on his sentence. Federal prisoners have to serve 80% of their sentences by law. This isn't the state of NY. That is 14.5 right there best case scenario. Was he in the can awaiting this trial or did have another conviction he was serving time on? If it was awaiting trial, then he does have 5-7 in time served. He's already been in jail for 5 years. 14.5-5=less than 10.
"I die outside; I die in jail. It don't matter to me," -John Franzese
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Re: Thomas gioeli sentenced
[Re: SonnyBlackstein]
#769027
03/21/14 04:58 AM
03/21/14 04:58 AM
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Joined: Jul 2013
Posts: 247
Garbageman
Made Member
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Made Member
Joined: Jul 2013
Posts: 247
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PMAC has a good point.
How a judge can sentence (and hence psuedo convict) somebody based of what he/she THINKS theyve done, not what theyve been convicted of goes against the very concept of a trial by your peers.
It specifically negates the trial. And in doing so the system itself (innocent until PROVEN guilty).
It's a very dangerous trend. I remember reading about one NY southern district case last year. The guy was aquitted of all charges... Judge slammed him with 20 years. They call it 'aquitted conduct'. I thought the same way as you guys when I first found out about that. Which was essentially.... How? So I read up on it. It's such a flagrantly unconstitutional practice, that it's being fought in Supreme Court. Here is an informative discussion and explanation of the acquitted conduct sentencing enhancement. http://sentencing.typepad.com/sentencing...nhancement.html
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Re: Thomas gioeli sentenced
[Re: pmac]
#774803
04/29/14 03:17 PM
04/29/14 03:17 PM
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Joined: Dec 2006
Posts: 23,296
Throggs Neck
pizzaboy
The Fuckin Doctor
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The Fuckin Doctor
Joined: Dec 2006
Posts: 23,296
Throggs Neck
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so shit the guy lil dino got 50tys yrs the feds don't play. I told you guys two years ago that those guys would be sentenced like cop killers, regardless of the verdicts. Now I'm not saying it's right, just very predictable.
"I got news for you. If it wasn't for the toilet, there would be no books." --- George Costanza.
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Re: Thomas gioeli sentenced
[Re: Garbageman]
#775059
05/01/14 08:37 AM
05/01/14 08:37 AM
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Joined: Feb 2013
Posts: 722
Midwest
LittleNicky
Underboss
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Underboss
Joined: Feb 2013
Posts: 722
Midwest
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PMAC has a good point.
How a judge can sentence (and hence psuedo convict) somebody based of what he/she THINKS theyve done, not what theyve been convicted of goes against the very concept of a trial by your peers.
It specifically negates the trial. And in doing so the system itself (innocent until PROVEN guilty).
It's a very dangerous trend. I remember reading about one NY southern district case last year. The guy was aquitted of all charges... Judge slammed him with 20 years. They call it 'aquitted conduct'. I thought the same way as you guys when I first found out about that. Which was essentially.... How? So I read up on it. It's such a flagrantly unconstitutional practice, that it's being fought in Supreme Court. Here is an informative discussion and explanation of the acquitted conduct sentencing enhancement. http://sentencing.typepad.com/sentencing...nhancement.html I think for the most part its constitutional and will stay that way. There is a long line of cases that affirm that the practice of judges "establishes that the practice does not violate the Sixth Amendment when the conduct is established by a preponderance of the evidence and the sentence does not exceed the statutory maximum for the crime". There was no appeal to the SC in that case mentioned above. The most recent case is US v. Jones (in front of the DC panel), in which a guy was indicted for a massive drug conspiracy and murders. He was acquitted of all counts except a single crack distribution count. The District Court judge then found by a preponderance of the evidence "clear evidence of Ball's leadership in a drug Conspiracy" and gave him a 225 month prison term far in excess of the guidelines. Here is the argument it isnt constitutional: http://sentencing.typepad.com/sentencing...ing-claims.htmlIt is: http://www.washingtonpost.com/news/volok...ng-a-drug-ring/My feeling is that the practice is probably constitutional under current binding precedent, but morally and legally very dubious and wrong. Scalia wrote the clearest argument against in his Rita concurrence.
Last edited by LittleNicky; 05/01/14 08:41 AM.
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison.
I've read the RICO Act, and I can tell you it's more appropriate...
for some of those guys over in Washington than it is for me or any of my fellas here
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