Newly filed: Marino v. Bart Masters, Warden, BOP/DOJ, et al., civil action #13-cv-32690 (Southern District of West Virginia, Bluefield Division), Writ of Habeas Corpus under Title 28 U.S.C. Section 2241.
Vincent Marino is challenging Statutory Violations: Count One : RICO, 18 U.S.C. Section 1962(c); Count Two: RICO conspiracy 18 U.S.C. Section 1962(c) RICO conspiracy, as Marino is actually innocent of both Statutory Violations described in: United States v. Marino, CR-97-40009-NMG. District of Massachusetts/Boston/Worcester.On December 22, 1999, the jury marked NOT PROVEN on predicate racketeering Act A-2 “June 16th, 1989 Salemme attempted murder” in Count One: RICO and Count Two: RICO conspiracy against Marino.Also on that same date the jury marked PROVEN on predicate racketeering Act A-1 (Conspiracy to Murder) in both Counts One and Two as well as PROVEN on predicate racketeering Act-B/Count 30 Cocaine conspiracy.
However, the government (Assistant United States Attorney’s: Auerhahn and Young, United States Attorneys’s Office District of Massachusetts) on September 28th, or 29th, 1998 During JURY TRIAL dismissed Count 30/Act-B against Marino. See DOCUMENT #581. And on October 22, 1998, the Court (Judge: Nathaniel M. Gorton), allowed the government’s motion (DOCUMENT # 581) to dismiss Count 30/Act-B cocaine conspiracy against Marino also DURING MARINO’S JURY TRIAL.
In Marino’s SECOND TRIAL, the government unlawfully and intentionally placed the critical dismissed during Marino’s FIRST JURY TRIAL, Count 30/Act-B cocaine conspiracy back on Marino’s December 22, 1999, VERDICT SHEET, via: United States v. Marino, CR-97-40009-NMG. (District of Massachusetts/Worcester), which the JURY marked proven on that dismissed during trial Count 30/Act-B in both Counts 1 and 2, supra.With the preclusion of predicate racketeering Act-B/Count 30 cocaine conspiracy from Count One: RICO 18 U.S.C. Section 1962(c) and Count Two: RICO conspiracy, Count One and Count Two conviction and sentences of a total of 30 years must be precluded from Marino’s sentence, BECAUSE, the government needs TWO OR MORE PREDICATE RACKETEERING ACTS to convict Marino of both RICO and RICO conspiracy Titles: 18 U.S.C. Section 1962(c) and 18 U.S.C. Section 1962(d) to convict.
See: Statutory requirements under 18 U.S.C. Section 1961(5) and United States v. Gotti, (2nd Circuit) New York and United States v. Hoyle, (D.C.Cir.1992) District of Columbia.
Hence, Marino is actually, factually and legally innocent of Statutory Violations 18 U.S.C. Section 1962(c) and 18 U.S.C. Section 1962(d) and18 U.S.C. Section 1961(5) and the Court’s sentence of a total of 30 years extra of time Marino would have to serve in prison.Thus, Marino is convicted and sentenced under wrong information which was intentionally facilitated by the United States Department of Justice and its components without Due Process of Law, as Marino (PROJECT MARINO), is unconstitutionally held over 13 years in prison.
Marino also requests that the United States Department of Justice CORRECT the inaccurate RECORD, specifically the December 22, 1999 VERDICT SHEET by precluding Act-B cocaine conspiracy depicted in Count One and Count Two, via: United States v. Marino, CR-97-40009-NMG. (District of Massachusetts). The above requests would also preserve the integrity of the Court(s) District of Massachusetts and Southern District of West Virginia/Bluefield Division and the United States Department of Justice and its components, when corrected, which would facilitate Marino’s immediate and unconditional release.Marino should have been released on January 1st, 2000. And was not intentionally by the United States Government’s Department of Justice and its components.
The above serves as a “Significant Public Interest” and requires immediate correction.