A judge has rejected a request for a shorter prison sentence from a former schoolteacher who admitted receiving help from a federal agent, Joseph Bongiovanni, in trafficking marijuana into Buffalo and its suburbs.
Michael Masecchia, left, walks out of federal court accompanied by his lawyer, Patrick Brown, after being sentenced to seven years in prison in 2022 for trafficking marijuana.
Michael Masecchia, who in May 2022 was sentenced to seven years in prison, recently wrote the federal court in Buffalo seeking a retroactive sentence reduction and a court-appointed lawyer to help him make his case for the reduction.
Masecchia based his request on sweeping changes to sentencing guidelines by the U.S. Sentencing Commission that took effect in November.
The changes lowered the guideline sentencing ranges for defendants under certain conditions, including those who did not have previous criminal convictions. Judges must consider – but are not bound by – the guidelines.
The new guidelines allow for shorter sentences, as long as there are no aggravating factors.
Prosecutors say a respected teacher at Grover Cleveland High School ran a marijuana trafficking ring with connections to Buffalo's organized crime family.
U.S. District Judge John L. Sinatra Jr. pointed to one such factor in turning down Masecchia’s request.
“Although the defendant has zero criminal history points, he possessed a firearm in connection with the instant offense,” Sinatra said in his Jan. 8 ruling. “Specifically, the defendant was convicted of possession of firearms in furtherance of drug trafficking. As such, he is not eligible for a sentence reduction” under the amended guidelines.
Masecchia remains incarcerated in a medium-security prison in Butner, N.C., with a release date of May 24, 2028.
Sinatra sentenced Masecchia on his guilty plea to possession with intent to distribute marijuana and possession of firearms in furtherance of drug trafficking – convictions that could have put him in prison for 10 years. The plea agreement between Masecchia and the U.S. Attorney’s Office recommended a prison term of seven to eight years.
A longtime teacher who taught English at Grover Cleveland High School, Masecchia admitted running a marijuana growing facility in rural Cattaraugus County and trafficking in pot beginning around 1999.
Former DEA agent Joseph Bongiovanni is accused of protecting drug dealers with ties to the local mob. And now, for the first time since his arrest, federal prosecutors are naming names. A new grand jury indictment against the former agent also names Michael Masecchia, a former Buffalo school teacher described in court papers as a longtime drug dealer and
Masecchia, 57, told law enforcement officials that he and others in the drug trade had help from Bongiovanni, a Drug Enforcement Administration agent at the time. He said Bongiovanni helped him and other drug traffickers avoid arrest by providing “law enforcement-sensitive information,” including the names of potential cooperating witnesses.
The U.S. Attorney’s Office agreed to a reduced sentence for Masecchia because “he acknowledged that fact publicly,” Assistant U.S. Attorney Joseph M. Tripi said at the May 2022 sentencing hearing.
Prosecution court papers include a copy of a 2013 email from an unidentified federal agent to Bongiovanni, stating that Masecchia is “an associate member and possibly a made member” of the Buffalo Mafia family. Masecchia made no admission of being a member of the Mafia in his plea agreement.
Bongiovanni, now retired, has denied the accusations against him, including that he received $250,000 in bribes from Masecchia and others to protect them. Jury selection for Bongiovanni’s trial on bribery, drug trafficking and other charges is scheduled to start Feb. 12.
