UNITED STATES v. Vincent John Basciano, aka Vinny Gorgeous, Vinny from the Bronx, Dominic Cicale, Anthony Aiello, aka Ace, Thomas J. Lee, aka Tommy Lee, Vincenzo Maso, aka Vinny, Frank Esposito, aka Fat Frank, Eugene Gallo, aka Gene, Michael Mancuso, aka Michael the Nose, Anthony Indelicato, aka Bruno, Defendants.* (2021)

SUMMARY ORDER

Plaintiff-Appellant Anthony Donato, a prisoner currently serving a sentence of 300 months for illegal gambling, racketeering conspiracy, and conspiracy to commit murder in aid of racketeering at the Federal Correctional Institution, Danbury, appeals the District Court's denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

The District Court denied Donato's motion on the grounds that Donato failed to carry his burden to show that his vulnerability to COVID-19 constituted an “extraordinary and compelling reason” for sentence reduction as required by 18 U.S.C. § 3582(c)(1)(A) and that, even if Donato had carried his burden, sentence reduction was inappropriate based on the sentencing factors set forth in 18 U.S.C. § 3553(a) (“Section 3553”).¹ Based our review of the record, we conclude that the District Court did not abuse its discretion in determining that the Section 3553 factors weighed against sentence reduction and we therefore need not consider whether the District Court applied the correct standard for extraordinary and compelling reasons under 18 U.S.C. § 3582(c)(1)(A). We therefore affirm the July 6, 2020 order of the District Court.

CONCLUSION

We have considered all Donato's arguments on appeal and find them to be without merit. For the foregoing reasons, we AFFIRM the July 6, 2020 order of the District Court.

FOOTNOTES

1.   United States v. Donato, No. 03-CR-929-9 (NGG), 2020 WL 3642854, at *2 (E.D.N.Y. July 6, 2020).