UNITED STATES v. AMATO

No. 21-2747 August Term 2021.

37 F.4th 58 (2022)

UNITED STATES of America, Appellee, v. Pasquale AMATO, Carmine Sessa, Lawrence A. Fiorenza, Lawrence Mazza, Joseph Russo, aka Jo Jo, Anthony Russo, aka Chuckie, Robert Zambardi, aka Bobby Zam, Joseph Monteleone, Sr., aka Joe Monte, Alphonse Persico, aka Allie Boy, Joseph Tomasello, aka Joe T, Theodore Persico, aka Teddy, Richard Fusco, aka Richie, James Delmastro, aka James Delmastro, Michael Sessa, Defendants, Victor J. Orena, aka Little Vic, aka Victor J. Orena, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 15, 2022.


Attorney(s) appearing for the Case

Devon Lash , Assistant United States Attorney ( David C. James , Assistant United States Attorney, on the brief), for Breon Peace , United States Attorney for the Eastern District of New York, Brooklyn, New York, for Appellee.

David I. Schoen , Attorney at Law, Montgomery, AL, for Defendant-Appellant.

Before: Pooler, Sack, and Nathan, Circuit Judges.


As part of the First Step Act of 2018, Congress authorized courts to reduce a term of imprisonment upon motion by a defendant. See Pub. L. No. 115-391, § 603(b), 132 Stat. 5194, 5239 (amending 18 U.S.C. § 3582(c)(1)(A)). Section 3582(c)(1), colloquially known as the "compassionate release" provision, permits a district court...

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