Let's take a closer look at Mark's original sentencing hearing on April 4, 2002 where he received his three life sentences. Compassion and consideration were non-existent.

Over 1,400 petitioners have shown their support for Mark!




     Mark paid his debt to society a long time ago, but he continues to “over-pay” with a total of an extra two decades because of bad legal counsel. The evidence of this is clear. (Newly-discovered evidence - click here)

    

     Despite new evidence, the Rules of Procedure leave no way for Mark to submit any motions or appeals to the Court. ​

     Since Mark’s ordeal began in 2000, there have been several changes in law, U.S. Supreme Court rulings, and amendments to the U.S. Sentencing Guidelines.

     These long overdue changes are modest at best, but they are steps in the right direction. However, these changes are too little too late for Mark, he was sentenced under laws and rules that are now considered “outdated”, and because of the stringent time frames, he is prohibited from benefiting from the numerous changes that could reunite Mark with his family and friends.



  • A person who hijacks an airplane and pleads

    guilty is at an offense Level 35 (15 years)

  • A person who commits second degree murder and  pleads guilty is at a Level 35 (15 years)
  • For a bank robber to get to a Level 35 and get

    15 years, he would have to fire a gun, inflict

    serious bodily injury on a victim, physically

    restrain another victim, and steal $2.5 million

  • In 2012, four men were charged in Cleveland,

    Ohio with conspiracy to commit terrorism and

    conspiracy to use a weapon of mass destruction

    for plotting to blow up one of the city's

    bridges. Then each defendant was sentenced to 

    20 years (a full decade less than what Mark got).  



To give you an idea of the kind of sentence Mark received, and to put it into better perspective, compare the following offenses and the range of sentences under the U.S. Sentencing Guidelines:



     With that line of reasoning, when it comes to the Federal Criminal Court system, the only people who

deserve a break or second chance are the worst-of-the-worst that society has to offer. ​


      However, to hear Mark explain it, he accepts the fact that if it were not for his actions back in 1996, he

would not have been stuck in this nightmare. And, as strange as it may sounds, Mark gives credit to the

AUSA who argued for his life sentence. This is because it was the same AUSA who, several years later in

2006, took the unusual step of allowing Mark to come out from his life sentence without even winning an

appeal and agreed to a new 30-year sentence. Thirty years is still too excessive for what Mark was convicted

of, but the AUSA’s actions allowed Mark to have a little bit better quality of life, as far as how and where he

serves his prison sentence. (Mark no longer has to serve his time in a High/USP, he has since moved down in custody/security levels and is currently at a Low-security Facility). ​

Why didn't Mark get a 10-year plea offer?



ASSISTANT U.S. ATTORNEY – PROSECUTOR:            

                “Moreover, the thrust of the defendant’s character letters that I’ve read

                and that have been submitted to the Court, which are very supportive

                to Mr. Lanzilotti and certainly demonstrate that a lot of people have

                very high regard for Mr. Lanzilotti hasn’t particularly changed his

                behavior at all. The thrust of the letters is that he’s always been a good

                person and, therefore, there’s really been nothing to rehabilitate.”



     To emphasize how out of balance Mark’s sentence is (and was) compared to all of his codefendants: All of Mark’s indicted and unindicted co-conspirators were repeat offenders, some of whom had murder, guns, violence, and repeated drug-kingpin convictions.  They all received an average of 5 ½ years, simply because they agreed to cooperate and testify at Mark’s trial.  Some even received no jail time at all. Yet, Mark received the longest sentence and is the only one still in prison. 

     To further point out how incredible this is, Mark’s lack of a criminal past and criminal behavior was used against him when his attorney asked for leniency at his sentencing hearing.  The reason for denying leniency was explained as follows:


HONORABLE HERBERT J. HUTTON (U.S. DISTRICT COURT JUDGE) :

                   “Well, the guidelines – the guidelines do mandate that, counsel.”


                   “I thought you were accusing me of having reached that conclusion.”

                   “The guidelines reach that conclusion.” “the guidelines tells me that he

                   must serve life in prison without parole. I don’t tell him. They tell me.”


                   “So what you’re asking me to do is go outside of the guidelines.”  “And,

                   unfortunately, the end result is the end result.”


                   “Perhaps a higher Court will be able to give you the relief that you seek.

                   I don’t think I have, in my view of this evidence, in my recollection of this

                   trial, and my understanding of the – my responsibilities that I can give

                   you the relief that you so request.”


                   “The Court approves and adopts the presentence investigation report in

                   its entirety. Having done so, pursuant to the Sentencing Reform Act of

                   1984, it is the judgment of the Court that the defendant, of the Bureau

                   of Prisons for life imprisonment on each counts 1 and 4, (5), said terms

                   to run concurrently.”


ATTORNEY CARMEN NASUTI (REPLACED THE TRIAL ATTORNEY, AND HANDLED THE SENTENCING HEARING) :

                  “I truly believe that we have a case such as this, with a defendant such as

                  this – to impose a sentence for a first-time offender in a non-violent case

                  where there’s no evidence of guns and violence and hurting people, things

                  of that nature, I mean, murders and violence that normally accompany

                  offenses involving narcotics and drugs, with the background of a person

                  with no record – imposing a life sentence without parole is – excessive in

                  terms of what the guidelines mandate and what the facts of the case and

                  the background of the defendant -- ."


ASSISTANT U.S. ATTORNEY – PROSECUTOR:

                "​We can all, perhaps, have our opinions or agree or disagree on      

                the relative severity or not of the sentencing guidelines with

                respect to some of these drug offenses, but it’s based on a

                Congressional determination delegated to the Sentencing

                Commission…”


                “Your Honor, with the application of the sentencing guidelines where

                they are in this particular case, obviously, there’s not much, if any,

                discretion on the part of the Court.  It gives me no pleasure to be part

                of a sentence that is, without a doubt, a very severe sentence for this

                young man.”  “…and Congress and the Sentencing Commission have

                made it their judgment that this is an appropriate sentence for these

                crimes.  So we would simply ask that the Court apply the guidelines to

                this case.” 


Learn more about Mark




-Jean Racine

Extreme justice is often injustice.                      

         On October 31, 2000, following a seven-day jury trial, Mark was found guilty and later sentenced to three concurrent life sentences. On August 7, 2006, following several appeals, his sentence was reduced to 30 years through a “stipulation agreement.” This “stipulation” was the equivalent of an “out of court settlement”. Mark never won any appeal! The Government and Mark’s new Habeas Corpus (appeal) attorney came to this stipulation agreement in order to avoid an evidentiary hearing (which had already been granted by the Court). 
Catch 22/Backed into a corner

        
The stipulation worked this way: Mark’s Base Offense Level was 38, Category I (Please see the accompanying charts). He received a two-level enhancement for having a “manager/supervisor” role (this was reduced from the original three-level enhancement for “leadership” role). He then received another two-level enhancement for “obstruction of justice” for testifying on his own behalf. This gave him a total guideline level of 42 (360 months - life), with the Government agreeing to the low end of the guideline range resulting in a sentence of 360 months. (Mark’s original guideline was a Level 43 Category I, which resulted in his life sentence).

  


CHARGES AND SENTENCING

       Mark was charged with one count of conspiracy to manufacture, distribute, and possess with intent to distribute in excess of 1kg of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. §846; and two counts of aiding and abetting the manufacture of methamphetamine in excess of 1kg of a mixture or substance containing a detectable amount of methamphetamine, both in violation of 21 U.S.C. §841(a)(1).