United States v. Ranieri, 02-CR-6126L

• Decision Date: 24 June 2020
• Docket Number: 02-CR-6126L
• Citation: United States v. Ranieri, 468 F.Supp.3d 566 (W.D. N.Y. 2020)
• Parties: UNITED STATES of America, Plaintiff, v. Albert M. RANIERI, Defendant.
• Court: U.S. District Court — Western District of New York

468 F.Supp.3d 566

UNITED STATES of America, Plaintiff,

v.Albert M. RANIERI, Defendant.

02-CR-6126L

United States District Court, W.D. New York.

Signed June 24, 2020

DECISION AND ORDER

DAVID G. LARIMER, United States District Judge

Defendant Albert M. Ranieri ("Ranieri") filed a motion (Dkt. #24), pro se , seeking compassionate release from custody pursuant to 18 U.S.C. § 3582(c)(1)(A) because of concerns that he might contract the COVID-19 virus and because he wishes to help in the care of his elderly mother.

The Government responded to the motion (Dkt. #26) opposing it in all respects. The Federal Public Defender appeared on Ranieri's behalf and filed a supplemental Memorandum (Dkt. #31) supporting Ranieri's motion for compassionate release.

After review of the motion for release, the Government's opposition, the facts in this case, including the original Plea Agreement and all the factors set forth at 18 U.S.C. § 3553(a), I deny the defendant's motion for compassionate release.

The statute provides that a prisoner may not petition a court for compassionate release unless he has exhausted his administrative remedies by making the request, in the first instance, to the Warden or the Bureau of Prisons ("BOP"). Ranieri bases his request on two grounds: the COVID-19 pandemic and how it might affect him, and the original and primary basis for the requested relief which was to care for his 74-year-old mother who has health issues (Dkt. #24 at p.9, p.18).

The Government in is Response concedes that Ranieri has exhausted this aspect of his motion, relating to assisting his aged mother, but denies that Ranieri has properly sought relief from the BOP based on his own concern as to how the COVID-19 virus might affect him. Counsel for Ranieri suggests that Ranieri has in fact met the exhaustion requirements or, if not, the Court can waive that requirement under the circumstances presented here.

Defendant making a motion under Section 3582(c) must meet the heavy burden of showing extraordinary and compelling reasons to modify the sentence originally imposed. Ranieri's application suggests that his own medical condition warrants release and that, in addition, release is appropriate so that he may assist his aged mother. After considering all the factors, I do not believe the defendant Albert Ranieri has met the required burden of establishing extraordinary and compelling reasons for release from his 30-year sentence.

In December 2002, Ranieri waived indictment and pleaded guilty to a one-count Information charging a RICO conspiracy, 18 U.S.C. § 1962(d). The plea was entered pursuant to a written Plea Agreement in which the defendant admitted very serious criminal conduct. "Very serious" is an understatement. Ranieri admitted participating in the AMSA truck robbery involving 1.8 million dollars; various money laundering transactions; the purchase of kilograms of cocaine; and his murdering Anthony Vaccaro on May 5, 2000. In its Response on this motion (Dkt. #26), the Government set forth in some detail (id. at pp.2-6), the detailed and violent criminal acts committed by Ranieri himself and with others. Part of that recitation includes Ranieri's statement and admission that he fired 17 rounds at Anthony Vaccaro, hitting him eight times causing his death. One of the factors the Court must consider in determining motions made by a defendant for release are the factors listed at 18 U.S.C. § 3553(a) which includes, of course, the need to protect the public from those who pose a significant danger and risk of harm.

The Plea Agreement in this case provided for an agreed-upon sentence of 360 months to be followed by five years of supervised release. The Court accepted that Plea Agreement and, on April 17, 2003, imposed that sentence. Ranieri is currently serving his sentence at FCI Loretto and has a projected release date of July 2026.

The Plea Agreement recited significant and often...