§ 848. Continuing criminal enterprise

(a) Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title.
(b) Life imprisonment for engaging in continuing criminal enterprise
Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a) of this section, if—
(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and
(2)
(A) the violation referred to in subsection (c)(1) of this section involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or
(B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 841 (b)(1)(B) of this title.
(c) “Continuing criminal enterprise” defined
For purposes of subsection (a) of this section, a person is engaged in a continuing criminal enterprise if—
(1) he violates any provision of this subchapter or subchapter II of this chapter the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II of this chapter—
(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources.
(d) Suspension of sentence and probation prohibited
In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), shall not apply.

Many say, wonder, what I’ll do, free. I guess it makes them, those, wish, and want to think ahead. Many wonder what made me cross the divide. The other side, to this gut-grey life inside……Can you put yourself in my shoes.? Hmmm. That makes me give a grin. You’ll never win. Win, a coming dawn; for you’ll be dead and gone…..Cross never here. You’ll be made to wilt. Dry up; give up; forget your God; maybe laugh to your own sour smell; for Pete’s sake what have you become?…..Brother, you aint no fun. Wonders sunk all your heart desires. Guess what? You’ll thrown it into prison’s mire……Me, this fellow knows a way. Up a forgotten lane. To the very edge, I’ll go. My moon will be there, full. My eyes spand the wanted land. So calling to me. Sorry my love it’s all I see…..I’ve finally crossed. Not to lights and dance. Nor bed and she and she. Know, just the simple spot and a seat for me……I’ll think of something never born; write something never read. Feel something never felt. I’ve crossed, you see, blessed a first for me. Give me those crossings everytime. I’ll survive to the head of the bastard’s lines. Keep all else; this George will be fine.
Yes, many say, wonder, what I’ll do.
Guess it makes them…..wish.

I subscribe myself,
George Martorano

Well, you might think Im losing it after all these years, caged, but I like to tell all my facebook friends, blog friends, and anybody who wishes to be my friends of a certain night long ago. You see they were transporting me from one hell hole, to another. Me, in the backseat chains around my wrist and ankles, two marshalls in the front seat; not caring if I live or die. Driving me through a late stary night in America”s heart land. Where one see’s nothing but farms. Farms after farms. I had my head to a tilt and just looking out at fields of snow, and fences. Where home’s and barn’s; any and all I pray they will wish me a welcome. If I saw a soft light at a home far in the country distances. I felt I could cry……Then it happened. There far on my right, as if my shoulder and chin wanted everything from my soul, to that right. You see, I saw a barn in the distance, was a blaze. And around the barn, ran a beautiful dark horse. The yellow flames, climbing into the purple night. The steam flowing in and out of the horses nostrils. Snow being tossed up from his fast moving hooves…….And I swear to God, it was the prettiest thing I ever saw.

This brief information presentation will explain programming during federal incarceration in three acts. First the beginning, second how to to do your time and thirdly the use of what is presented to facilitate a positive finale.

ACT I So You Have Been Arrested

Unfortunately you did not make bail. You are now in the complete charge of the BOP. What are you to do now? Recent Supreme Court decisions help a pre trial and post convicted inmate. There are BOP policies that are beneficial to both types of inmates. Also there is a lot that can be done by utilizing the education and positive programs provided by the institution where you are housed.

You should have a complete mental understanding that BOP staff did not put you here and they are not your enemy. In fact, the best revenge in a prisoner’s situation is success. To start to be successful in your new settings, you need to learn all there is to be offered by all the programs available in a pre-trial facility. Talk to any and all staff that are involved or can direct you to the available programs for change. Doing time with a chip on one’s shoulder can only lead to a negative “time” during your incarceration.

We know your mind is preoccupied with your case, your family, and possibly your health. But again, there is case law that states judges are open and receptive when shown that an inmate has immediately stepped up during his incarceration by taking all types of educational programs for change. This type of positive attitude and adjustment will set a motivating pattern if one has to continue his days within the BOP.

Act II After Sentencing: How to do Your Time

Unfortunately you are now a sentenced inmate within the BOP. No matter what level of prison you are sent to, all facilities have multiple programs available. The Education Department, Prison Chapel, Vocational Training and select units offer a variety of life style change programs. Since you may have received a lengthy or a short sentence you might think that taking programs for change is a complete waste of time. You would miss out on one of the most important things you can get from your time of incarceration. One might think that it is better to become worse during his or her incarceration then to make foolish attempts to educate ones self in many ways. Let me state that the authors of this profound material say that that type of thinking is a complete falsehood.

For instance, lets say an inmate has a life sentence and is feeling no hope. Yet there is complete hope if one can completely change his character through education. For not only taking BOP programs, there is also affordable distance learning which one can participate through many types of institutions. By working hard and not wasting your years in the SHU or through negative actions, an inmate who puts his nose to the grindstone and gets a high level of education, or a degree of some kind, you will not be the same person anymore. You will possibly and most likely receive some type of assistance from leaders in the outside community who can make a difference in an inmate’s life. In plain terms, do not let the time do you, you do the time in the best possible light.

ACT III A Positive Finale

Time has passed, you have been in the BOP for a while, for quite some of your birthdays. You have educated yourself at a high level of expectations. You have avoided receiving incident reports. Through the years, you have sat in front of teachers, instructors, outside visitors relaying information in a learning capacity and even mentors. You have accomplished such goals through your hard work. You are now an inmate that staff seeks out to work within all types of positive programs. Quite frankly, you are not the same person who entered the BOP so long ago. You are a person that the BOP can not but help document wonderful “progress reports”. An entitled progress report in such good standing can be utilized in many ways, even applying it to the court for a reduction in sentence. Again may we say that the authors of these three acts know from first hand experience that using the BOP and all of its positive programs can only bring you closer to some serious goals.

It is our hope that this first hand information relayed upon you can point you in the right direction throughout your incarceration. Everyone in the system from the warden on down wishes for you to excel in your prison setting.

Written by: George Martorano and Robert Paratore

Eruption; into this life. Seems not bad in the beginning. Seems to worry is short. Laughter comes each day. Play had its ups and downs. Than, once in a while along comes a clown. Though the area wasnt that much. On certain days came a little luck.

Eruption; you’ve grown so tall. Venturing out not knowing, yet searching for the fall. Came the taste of love; went and push wanting more than the hugs. Gangsters near and far, handsome nice to see. Will the neighbors remember me.? Dressed to kill, walking flat streets at will; no, never looking for a hill. My, my they set a trap. Back and front hidden from all; eyes so small; mouths that be. Badges and all……rats, rats in every hall. Wanting one thing, to see me kneel.

Eruption; thrown into a cage. Four by four; can I remember it all.? Tears came and went. Fists bang, bang till dawn. Lips knew words, sounds but she’ll never be found. Eyes, oh eyes just you they see. Eyes, oh eyes tell all to me. Mine are clear, facing decade’s fear. Oh, then of heart. It beats, yes. Does it feel.? Does it wish, maybe a dream.? But it all comes down to you. Last, last eruption’s past. Last, last, the last eruption could be. Life or death. I and the cage wait and see…..wait and see.

And welcome to the age of prison

I feel they took all the pretty seashells from the sea
I feel the flowers gone, vanish before the sun and me
I feel an unholy drape, dark, pulled so tight beneath blue skies

And welcome to the age of prison

No more can I hear the babies cry
No more can I taste lips so shy
No more will I dance to fall
No, no more can I woo again…..friend

And welcome to the age of prison

No, no more will she wake in my arms
No, no more they chained that charm

And welcome to the age of prison

I soon will feel the sum of things
I feel what agony brings
I feel lesson’s lesson, scared on my back
I feel my love never to look back

And welcome to the age of prison

Yes, some eyes can catch the camoflauge animal suddenly move, making its cameo…….Than say, human eyes adjust upon a caged beast. Just there always, sadly there, in its hardcore zoo enclosure. There isn’t an unnotice movement. It is still in its wonderous fur, so enable to hide. Nothing of the wild there the beast so needs. Born, entitled to blend in, entitled to jump out; entitled to make one’s heart race. Know, your eyes in that zoo are only on that beast eyes……Waiting for some shift, some quickness from its soul. Gone, gone they have sealed it away. Gone, gone leaving the beast to its forever dismay.

Ahhh, say the man, there, in his prison cell. Each day as I. Staff eyes look upon me, through me. And I have not a thing upon my skin to camoflauge myself within their gray walls. Only can I stare back, stare as the leopard in the cage. I sit, stare and wonder why I am kept this way and not mercifully killed. Cause worse than the beast. God gave me mind. And it longs, crushing in on itself. And it pleads with God to keep me a good man and not the leopard they daily count and stare at in the zoo. Am I of not human glue? Am I not as one as you and you……?

* * *
Say one day I am freed. Say one day I live and love in peace. Say one day upon a desert floor. Eyes catch the quick of me. Say…….

I sit listening to Jenkins, at first a lot. But now I am just staring down at the shine on my shoes. I remember the shine as I looked down right before entering the bank. I remember the heels clicking on the banks marble floor… then the blast of the gun.

I hear Jenkins again. I also take in the smell around me, smells I have never known. The smell of men and walls that time has made into something only found amongst the caged. yet, this mans voice makes my heart warm, but the heat only comes in shortness because the fear jumps upon my being. A fear that brings a taste to one’s mouth that makes it hard to swallow.

“Alice, Alice, it’s getting to that time; just remember to do all I said. Worst case is you get caught, extra year big deal. You just gotta act no actress has acted before Alice. Then once you’re free, don’t run far. Do like I said, get cash, find a out of the way spot right here in New York. Millions in the city. Just lay low. I’ll be out in two, three yers the most. They’ll take me back up-state, them back down here in a few months for another hearing”

“But what about assisting me, you’ll…?”
“Don’t worry bout that, there is no violence, you’re walking out and they let you”
“And it will be the next shift?”
“… right Alice, take the clipboard and papers, walk out, get on the elevator with the other “suits” and follow them out through the kitchen and laundry area, once on the loading docks, keep a hard face. Some of the dock workers, “Short-timer Inmates”, might approach you for assistance, tell them your overwhelmed with cases and keep walking for the street.” Jenkins finally stopped talking, took a deep breath, stared down at Alice-she felt the silence, she reached out to him. He caressed her hair… pulled her up to him… looked into her eyes
“… Jenkins” she whispered, and the they kissed, really kissed. “if you want to…?
“… no, not like this” he said as he wiped away her tears with his rough hands.

XXXXXXXXXXXXXXXXXXXXXXXXXX

So, the prison venture of Alice Young worked. She stood by the door as the next shift came on. She yelled at Jenkins, she was “done with him”, loud enough, drawing the attention of the on-coming guard. “Let me outta here i can’t help him”.
“Sit down “Cal” while I get her out” the guard instructed Jenkins.
Door opened, out she went, clipboard in hand… on the elevator, gone….

Out on the street, the only thing swirling in her head as she held the clipboard, was, learning Jenkins first name, Cal… short for “California Jenkins”