Second Circuit – Sentencing Guidelines – Racketeering: USA v. Messina

U.S. Court of Appeals for the Second Circuit

Sentencing Guidelines – Racketeering

History of Violence – Organized Crime

USA v. Messina

14-1219

Judges Calabresi, Cabranes and Raggi

Background: The defendant appealed from a judgment of conviction for racketeering conspiracy. He argues that the court erred in sentencing him to a below-Guidelines term of 18 years imprisonment, relying on commentary of Section 6B1.2(b) to reject the prosecution’s non-binding recommendation of a 10-year sentence.

Ruling: The Second Circuit affirmed. The court held that the deviation from the 10-year sentencing recommendation was due to the court’s own independent assessment of the sentence required by the totality of factors listed in the guidelines. The court found the sentence necessary because of the long and violent dedication to his life crime with the organized crime family.

Brendan White of White & White for the defendant-appellant; Allon Lifshitz, assistant United States attorney, for the appellee