United States District Court, M.D. Florida, Tampa Division
cause is before the Court on:
Motion for Reconsideration re  Order on Motion
Motion for Miscellaneous Relief, Specifically For
Estimated Date for Ruling re  Motion for
Reconsideration re  Order on Motion to Revoke
Motion to Dismiss or Stay
Motion to Strike
Motion for Relief From Judgment
Motion for Release From Custody
Joseph Cuciniello, pro se, has requested reconsideration of
the Amended Order of Release and Conditions of Release (Dkt.
572) due to fraud on the Court "which has caused the
continual abuse of the children in foster care."
Cuciniello was arrested on December 16, 2002 (Dkt. 55), and
released on bond. (Dkt. 49).
October 7, 2004, the Government moved to revoke Defendant
Cuciniello's Order fo Release, and requested pretrial
detention. Defendant Cuciniello opposed the Government's
Motion. The Magistrate Judge conducted an evidentiary hearing
on November 9, 2004 (Dkt. 566). An Amended Order of Release
(Dkt. 572) was entered; the Court found that the Government
established by clear and convincing evidence that Defendant
Cuciniello violated the conditions of his release providing
that "the Defendant must not engage in any manner
directly or indirectly in the sale of securities of any kind
during the period of his release." The Court modified
its Order of Release, directing Defendant Cuciniello to
comply with the original conditions of release, restricting
Defendant Cuciniello to home detention, and vacating the
previous Order permitting travel. (Dkt. 204).
Cuciniello appealed the Amended Order of Release to the
undersigned. (Dkts. 578, 579). The Court affirmed the Amended
Order of Release and denied Defendant's Motion for
Revocation. (Dkt. 603).
jury trial, Defendant Cuciniello was convicted on multiple
counts of the Second Superseding Indictment, and found not
guilty on other counts. (Dkt. 979, Jury Verdict). A separate
Special Verdict for Forfeiture was entered. (Dkt. 987).
September 16, 2005, Defendant Cuciniello was sentenced.
(Dkts. 1179, 1183). Prior to sentencing, the Government filed
a Motion for Upward Departure (Dkt. 1170), which the Court
granted in part at sentencing.
Amended Judgment (Dkt. 1286), and a Second Amended Judgment
(Dkts. 1516, 1521) were entered to correct clerical errors in
Cuciniello appealed his conviction and sentence to the
Eleventh Circuit Court of Appeals. (Dkt. 1185). The Eleventh
Circuit affirmed Defendant Cuciniello's conviction and
sentence. (Dkt. 1871, Mandate).
Cuciniello began serving a term of imprisonment on October
18, 2005, and remains in custody.
"Pro se pleadings are held to a less stringent standard
than pleadings drafted by attorneys and will, therefore, be
liberally construed." Tannenbaum v. United
States, 148 F.3d 1262, 1263 (11th Cir.1998) (per
curiam). [F]ederal courts have "an obligation to look
behind the label of a motion filed by a pro se inmate and
determine whether the motion is, in effect, cognizable under
a different remedial statutory framework," United
States v. Jordan. 915 F.2d 622, 624-25 (11th Cir. 1990).
1999 Motion for Reconsideration
Cuciniello's Motion is directed to the Order controlling
Defendant Cuciniello's pretrial release. Defendant
Cuciniello remains in custody pursuant to the jury verdict
and final judgment imposing a term of imprisonment, a term of
supervised release, restitution and a special assessment fee.
Cuciniello asserts that the Government committed fraud on the
Court in order to pressure Defendant Cuciniello into pleading
guilty, and to give false statements against co-Defendant
Gregory Schultz. Defendant Cuciniello further asserts that
Defendant Cuciniello's sentence was enhanced in that
Defendant was given a two-level upward departure on an
obstruction of justice charge that Defendant did not commit.
Defendant Cuciniello asserts ...