Mr. Onetti was sentenced in absentia to six months in jail for misuse of a social security card as he failed to appear at his sentencing hearing. Mr. Onetti was arrested for failing to appear at his sentencing just weeks before his son’s Bone Marrow Transplant.
Mr. Seitles explained that Mr. Onetti’s son, Brenertt Onetti was diagnosed with Leukemia in 2001 and because he feared that he would be imprisoned or deported he failed to appear. Mr. Seitles argued that Mr. Onetti was not your average fugitive, but rather a man who was working 22 hour days to pay for his child’s medical care.
Bond was granted a Mr. Onetti was present during his son’s Bone Marrow Transplant.
The same federal judge later granted Mr. Seitles’ habeas motion (known as a 2255).
The Judge re-sentenced Mr. Onetti to three years probation.