United States v. Basciano, 599 F.3d 184 (2d Cir. 2010)

Second Circuit opinion of March 23, 2010 on Vincent Basciano's double-jeopardy challenge to successive Bonanno family prosecutions. It calls Joseph Massino "the then-incarcerated official boss" and refers to Basciano's January 2004 assumption of the role of acting boss.

Date: 2010-03-23
Kind: court-opinion
Source: CourtListener (Free Law Project), text of the opinion
Retrieved: 2026-10-12
Docket: 09-0281-cr
Rights: Opinion of a United States court. Works of the federal judiciary are in the public domain in the United States. The text was read on CourtListener.

United States Court of Appeals, Second Circuit, docket 09-0281-cr, decided March 23, 2010. Vincent Basciano had been convicted of racketeering conspiracy and faced a further indictment. He argued that double jeopardy barred the new charges.

Reviewing the two prosecutions, the court refers to “Joseph Massino, the then-incarcerated official boss of the Bonanno crime family,” and to “Basciano’s January 2004 assumption of the role of acting boss.” These phrases come from the court’s account of the conduct charged in the indictments.

The court affirmed the denial of the challenge to Counts Three and Nine of the pending indictment, but reversed as to Count One and remanded “with directions to dismiss that count.”

itemUnited States v. Massino, 546 F.3d 123 (2d Cir. 2008)Second Circuit opinion of October 10, 2008 on the appeal of Bonanno defendant Patrick DeFilippo, filed under the Massino caption. It is not a ruling on Joseph Massino's own conviction.itemU.S. Attorney, E.D.N.Y.: release on Bonanno family convictions (July 12, 2006)Release on the convictions of Bonanno family soldiers, in which U.S. Attorney Roslynn R. Mauskopf said more than seventy Bonanno members and associates had been prosecuted, among them "Bonanno family boss Joseph Massino" and the men who led the family after him.