20

Casso attempts to whitewash his criminal past, stating only that he was “convicted of murder [singular], racketeering, and extortion, among other crimes,” which he allows were “serious offenses” that he claims not to “downplay[].” (Mot. at 2, 17, 18). Casso does not describe the dozens of murders he committed, either personally or by directing others to do so on his behalf, and for good reason. Simply put, Casso’s crimes are more than just “serious”—they include over 25 instances of the most serious crime possible, including many against people suspected of cooperating with the government, which Casso committed as part of a violent, ongoing criminal organization. These are in addition to plots to kill a federal judge and prosecutor that thankfully never came to fruition; multiple, serious escape attempts; participating in a vast extortion and bribery scheme that netted millions in illicit proceeds; employing corrupt NYPD detectives to commit murder; fleeing from justice; providing false information about other witnesses; and, when pending sentence, violently assaulting another inmate. Therefore, the “nature and circumstances” of the offenses weigh severely against any form of compassionate release and, in the government’s estimation, alone preclude granting the instant motion. 18 U.S.C. § 3553(a)(1); see also United States v. LoCascio, 90-CR-1051 (ILG) (E.D.N.Y. July 17, 2020), ECF Dkt. No. 465, at 11 (“The § 3553 factors were not reviewed with LoCascio when he was sentenced because Congress and the United States Sentencing Guidelines required that the sentence for the crimes of murder for which he was found guilty should be imprisonment for life. The implication is fair that the Congress and the United States Sentencing Commission determined that the sentence they prescribed was not excessive and that it was just.”).
Casso also claims that his “characteristics counsel in favor of release” because he is elderly and suffering from (Mot. at 18). This recital of his history and characteristics, however, are all relatively recent and ignore
21

the decades of criminal activity Casso committed, as described above. It also ignores Casso’s repeated disciplinary violations while incarcerated, which include: (i) fighting with an inmate (in December 1996); (ii) assaulting another inmate (in February 1997); (iii) fighting with another person (in January 2001); (iv) threatening bodily harm (in December 2001); (v) again threatening bodily harm (in November 2002); (vi) refusing to obey an order (in January 2006); (vii) abusing his phone privileges (in December 2008); and (viii) three times refusing a work assignment (in August and September 2019) (See Ex. B (disciplinary history)). Casso also fails to acknowledge the blatant disregard for the criminal justice system Casso displayed even after his arrest, which included trying to escape from custody, smuggling in contraband, assaulting other inmates and attempting to tamper with other criminal proceedings by lying about multiple witnesses’ testimony. For these reasons, Casso’s “history and characteristics” also weigh strongly agains