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United States v. Jack J. Minicone, Jr., Also Known as Jake, Jack Zogby, Also Known as Turk Anthony J. Inserra Benedetto Carcone, Also Known as Benny Russell E. Carcone

Citations: 26 F.3d 297; 1994 U.S. App. LEXIS 14425Docket: 1049

Court: Court of Appeals for the Second Circuit; June 7, 1994; Federal Appellate Court

Narrative Opinion Summary

The case involves Jack J. Minicone, Jr., whose conviction for racketeering activities, including extortion, loansharking, illegal gambling, and murder, was reviewed by the United States Court of Appeals for the Second Circuit. Minicone's sentence of 379 months in prison was contested after the district court granted a downward departure due to his minor involvement in the murder of Al Marrone and other mitigating factors. The appellate court vacated this sentence, citing the district court's improper reliance on co-defendant sentencing disparities and cumulative factors already addressed by the Sentencing Guidelines. The court highlighted the 'law of the case' doctrine, which disallows revisiting issues settled in prior appeals absent new circumstances. Furthermore, the court emphasized that federal sentencing should not be adjusted to correspond with state law, reaffirming the need for sentencing uniformity. The appellate court remanded the case for resentencing, directing the imposition of the statutory maximum of 480 months. The decision underscores the necessity for adherence to established guidelines and principles in federal sentencing practices.

Legal Issues Addressed

Cumulative Factors and Sentencing Departure

Application: The combination of factors already addressed by the Sentencing Guidelines does not justify a downward departure for Minicone.

Reasoning: A combination of factors that have been adequately addressed by the Sentencing Guidelines cannot be used to justify a downward departure from sentencing.

Federal vs. State Sentencing Disparities

Application: Federal sentencing should not be adjusted to align with state law to maintain consistency in sentencing.

Reasoning: Disparities between federal and state sentencing cannot justify a departure, as allowing such variance would compromise the consistency of federal sentencing.

Law of the Case Doctrine

Application: The district court cannot revisit issues already decided by the appellate court without new circumstances justifying reconsideration.

Reasoning: The 'law of the case' rule prohibits a district court from revisiting or altering prior decisions that have been addressed by the court of appeals, as established in Minicone II, 994 F.2d at 89.

Racketeering Conviction under 18 U.S.C. Sec. 1962(c) and (d)

Application: Minicone was convicted for conducting and conspiring to conduct affairs of an enterprise through racketeering activities, including extortion, loansharking, illegal gambling, and murder.

Reasoning: The United States Court of Appeals for the Second Circuit reviewed the case of Jack J. Minicone, Jr., who was convicted in January 1991 of conducting and conspiring to conduct the affairs of an enterprise through racketeering activities, violating 18 U.S.C. Sec. 1962(c) and (d).

Sentencing Guidelines and Downward Departure

Application: The district court must adhere to sentencing guidelines unless significant mitigating circumstances exist, which were not found in Minicone's case.

Reasoning: A district court may only depart from the guidelines if it identifies significant aggravating or mitigating circumstances not adequately addressed by the Sentencing Commission.