# In re Basciano, 542 F.3d 950 (2d Cir. 2008)

Canonical: https://mobfiles.org/items/courtlistener-in-re-basciano-542-f3d-950/

The Second Circuit denies Vincent Basciano's petition to have Judge Garaufis recused from his capital case. Its background states that Basciano was indicted on August 14, 2003, was found guilty after trials in 2006 and 2007, and "On March 31, 2008, he was sentenced to life imprisonment."

United States Court of Appeals, Second Circuit, Docket No. 08-2157-op, argued May 27, 2008 and decided September 17, 2008. Vincent Basciano asked for a writ of mandamus directing Judge Nicholas G. Garaufis to recuse himself from the capital prosecution. The court denied the petition.

The background calls Basciano "allegedly a highly placed member of the Bonanno crime family," which is the court's description of the charges. It states that he "was originally indicted on August 14, 2003 for various racketeering-related offenses," that "Following several superseding indictments and two trials on these indictments in 2006 and 2007," he "was found guilty of charges in each," and that "On March 31, 2008, he was sentenced to life imprisonment." The district court's later opinion gives April 7, 2008 as the date judgment was entered. The two dates can both be correct: one is the sentencing and the other the entry of judgment.

The petition turned on a handwritten list. The government asserted that "in April or May 2006, Basciano had composed a handwritten list with the names of Judge Garaufis, Assistant United States Attorney Andres, and three cooperating witnesses who had testified at trial." Basciano's account of the list, as a Santería list, is recorded in the [2011 district court opinion](/items/courtlistener-us-v-basciano-763-f-supp-2d-303/).

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/1436726/in-re-basciano/