§ 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.

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

So early as it is now, I sit on the edge of my bunk. I have the thin prison mattress lapped over the edge of the slab of steel I sleep on, to make it more comfortable. It is mid-summer, so the bright sun has already taken over my cell. So strong, so hot through the barred window.

Time to prepare. I move over to sit on the low trash can. I have a thin piece of plastic in my hand. There to the left of my leg… they sit. All three lined up waiting… An onion, a pepper, and a potato. I am preparing them for a “jail-house stew”. Little stuff, much water.

As I hover over the three, I pick the pepper first. It’s a red pepper, not too big, not too small… I begin, I slice very small pieces. For this must feed two. Patiently, slowly, I work. The bright sun upon the red of the pepper heightens it’s colors. While bending over so close, one can see multi-colors so rich. One’s mind can begin to drift. Mine does. I see places and things, on the side of a vegetable. I see sunsets, and the redness of the hair of a beautiful woman.

Finished with the pepper, I move on to the potato. I pick it up, bring the brown up close to my nose. The sun upon the brown becomes earth. I drift… I see a brown path through the woods. I see me upon a spirited brown horse, and I ride. I slice into the potato, now there is an off white color to the inner potato. I see sand, a beach, me upon it jogging to its end, till I run out of sand.

Last, thee onion. Slowly, I strip the thin skin. It makes a sound. I drift… I think of silk garments, those of a perfumed woman…I begin to cut small pieces, I stop; I reach for my cheap-sunglasses, the fumes you see. I begin again. The strong sun hits the onion’s flesh. I drift… I see diamonds, I see blue diamonds, yellow diamonds, clear too … When I get to the core, it is much shinier. So white, like clouds, puffy white clouds.

Finished. I stand up straight, look at the piles, and smile.

I have been visiting George ever since I met his sister – when she told me of her brother and how he was given a life no parole sentence for what amounted to about 2400 lbs of “pot”, I could not believe that the courts put people in jail for LIFE for something so minor. Some might say, well, 2400lbs, that’s alot of pot, not really, and bottomline it is JUST pot. I asked myself how many people could have possibly died from pot-after some investigating I found that NO-ONE has died from pot. So why was George given a LIFE NO PAROLE sentence??

Well, after looking into George’s case alittle and meeting with him at Coleman numerous times, it was easy to see why he was where he was, he was SCREWED!! Answer this, George plead guilty to his crime, and YES they threw ALL the conspiracy charges of intent with heroin and cocaine and this and that, bottomline is all they had was 2400lbs of pot, so why such a HARSH UNJUST sentence??

George was led to believe by his lawyer Bobby Simone that by pleading guilty, he would recieve a 10 year sentence. Do I think George should have gotten a 10 year sentence? Actually I said 10 to 15, but when you think about it 10 years is a long long time-George has been in 24 now-damn, how does he do it?? yup, You can try to answer that too. The judge said George was uncooperative and gave him the harshest of all sentences ALLOWABLE, LWOP-he plead guilty and knew nothing that they did’nt already know. how cooperative can one be?? They wanted George to “roll”-he had nothing to give them but his guilty plea-he was screwed. He knew, I know now, he needed to be punished for his crime, BUT, LIFE NO PAROLE – how can this happen in a country that prides itself on “justice” and freedoms?

George has had a “Commutation of Sentence” petition under concideration for 3 years or there about- Why does it take so long to get a yes or no answer? George is ready to come home and should be granted “time served”-if not, why doesn’t the White House or Pardon Attorney just say NO – this way George can pursue his next avenue of obtaining relief. How is it that I see cases out there where the “kingpin” was far more involved, and for much longer, yet have lighter sentences with hope?? How can ALL HOPE be takin away from someone guilty of a NON-VIOLENT crime?? This is nuts folks, or am I nuts??

I did not know George 24 years ago – but I know him today – he is ready for a second chance – he should be given that chance – he did not kill anyone – he took responsibility for his crime, he has served 24 years, he has educated himself, he has endured the deaths of his wife, his father, and his son, while imprisoned – he teaches other inmates, he’s published a book, I could go on and on, MY POINT IS…. When is enough, Enough??

I want to be safe out here – I want my 82 year old mother safe out here – I nor her or for this matter, no one is any safer because George Martorano is locked up, he is of no threat to society and has paid any and all debts to society for his crime – hell, he’s working on high interest now. I email, and mail the President, George Bush at the White House, and various other governement agencies with my support of freeing George, I ask that if you could just take 5 minutes, and send one for him too-it’s real easy, all you have to do is go to this address and express your support to release George with “TIME SERVED”… comments@whitehouse.gov.

PS (If your not going to take the 5 minutes to do that, could you take 2 minutes to tell me why at… webelievegroup@msn.com. Thanx

We have been locked down most of the day due to some violence on my unit. There was nobody taken out to the hospitals so that is a good sign.

While I sit “locked” in, I have nothing to do but think and write. I was thinking about how shitty it is that I still remain here. 24 years and still hoping for some relief. But, then I think of some others here who face what I have already endured. Some, if not most will not make it. See, the youth today that are being funneled into these places by the courts, cannot really see themselves clearly. Something that is hard for them within these walls.

When I started thinking of what I would write today, I first thought that my anger would prevail and show up in this entry. No, I would rather channel that anger, to tell you of love…

I have a friend here, Shawn. He tells me of how he met the woman of his life, Maria, as a pre-teen. Their first kiss together was just that, their first kiss. They loved each other so much they ended up with 4 lovely children. Their love and and a mistake has brought a seperation. Shawn is serving a 24 year sentence and Maria is serving a 3 year sentence. All she did was answer a phone.

I have met the children in the visiting room, 3 girls and 1 boy, ages 4 to 13. The grandmother takes care of them and does the best she can. I see they have a stare, a very scared stare.

After Shawn would not cooperate with the authorities (snitch), they decided to not only give him a harsh sentence, but to charge Maria also. 4 children now visit their parents in prison. Sounds sad huh? It is.

It all gets worse. Maria just received word from INS that she will be deported to Columbia this December when her 3 years are up. They told her that the children are welcome to stay. If Maria is deported, the children will most likely never see her again. She will be in harms way and face much danger. Men who deal in fear have already stated her life is theirs to shed.

While I agree that Shawn needed to face consequences for his crimes just as I, I think it’s a shame that our government can use this woman as a pawn. What’s even more embarassing for our government, is that they don’t care that 4 children are the real victims in this case.

I dread the day that I have to sit across from Shawn in the chow hall and watch him weep. I dread the day that I have to remember that stare.

If you would like to write to either Shawn or Maria to see if you might be able to assist them, you may do so at the following address’s – I have received permission from both to post it here…

Shawn Joseph Monteigo
Reg. # 05264-070
FCC Coleman Medium
PO Box1032
Coleman Fl. 33521-1032
USA

Maria Del Pilar Benavides
Reg. # 05402-070
# Unit G
FCI Tallahassee
501 Capital Circle
Tallahassee, Fl. 32301
USA