Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 2:90—cr—00018-AHN Document 240 Filed 11/30/2006 Page1 of 4
UNITED STATES DISTRICT COURT I 7. T °
DISTRICT OF CONNECTICUT
Ziilib VT`? 30 i3 li pq
UNITED STATES OF AMERICA ) i— - i.
) Cr. N0. H-90—18 9 - `·
vs. ) Civ. N0. 3:95CV1145 [AI—IN]
I
GAETANO MILANO )
UNITED STATES OF AMERICA )
) Cr. No. H-90-18
vs. ) Civ. N0. 3:95CV1 171 [AHN]
I
LOUIS PUGLIANO )
UNITED STATES OF AMERICA )
) Cr. N0. I-I-90-18
vs. ) Civ. N0. 3:95CV1330 [AHN]
I
FRANK A. PUGLIANO )
PETITIONER LOUIS PUGLIANO'S ASSENTED-TO
MOTION FOR LEAVE TO AMEND MOTION TO VACATE, SET ASIDE,
OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. §2255
Petitioner Louis Pugliano moves the Court for leave to amend his Motion T0
Vacate, Set Aside, Or Correct Sentence Pursuant T0 28 U.S.C. §2255 to add his claim
that his trial counsel provided him ineffective assistance of counsel at sentencing, and
states in support:
1. On or about June 19, 1995 Petitioner tiled his Motion To Vacate, Set Aside,
Or Correct Sentence Pursuant To 28 U.S.C. §2255 asserting [1] that his Sixth
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Case 2:90—cr—00018-AHN Document 240 Filed 11/30/2006 Page 2 of 4
Amendment fair cross section rights and [2] that his rights under Section 1863 ofthe
Jury Service and Selection Act were violated by the manner in which this district’s jury
composition system malfunctions affected the composition of the source bodies from
which his trial jury was selected, and [3] that his trial counsel was ineffective in failing to
present that claim to the district court before trial. Based on subsequent developments,
Petitioner amended his petition to add the claim that his right to due process of law was
violated by the Government's pretrial failure to disclose that a Government informant
had been a witness to, and participant in, the conspiracy with which he was charged.
2. Extensive litigation and discovery have led to the point where the parties
desire to compromise and settle this matter. This iitigation has disciosed evidence on
which defense counsel could have made a persuasive case for a more lenient sentence
than the sentence imposed on Petitioner on November 25, 1991. ln addition, evidence
was available at the time of sentencing which would have supported a presentation by
trial counsel for a lower sentence than was imposed, but counsel made no sentencing
presentation whatsoever.
3. Prior to Petitioner’s sentencing, defense counsel did not file any objections to
the presentence report. At that time, there was a factual basis on which defense
counsel could have advocated for a downward adjustment in the offense Ievef
recommended by the presentence report, for Petitioner’s minor role in the offense
[U.S.S.G. §3B1.2]. There was also a factual basis for seeking a downward departure
under Sections 5K2.10 which counsel failed to assert and pursue. In the sentencing
proceeding, trial counsel made no presentation on Petitioner’s behalf beyond conceding
the propriety ofthe sentence recommended in the presentence report. Had counsel
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Case 2:90—cr—00018-AHN Document 240 Filed 11/30/2006 Page 3 of 4
developed and presented the available evidence in support ofthe available claims for
downward adjustment and downward departures described above, there was a
reasonable possibility that the Court would have imposed a lower sentence than
Petitioner actually received.
4. Permitting Petitionerto amend his Motion to assert this claim at this point in
the proceedings is consistent with the provisions and purposes of Section 2255 and will
not prejudice the Government, which assents to this motion. Allowing this motion will
assist the court in disposing of this matter "as law and justice require" 28 U.S.C. §
2243.
5. Petitioner’s proposed amendment is appended hereto and incorporated
herein by this reference.
WHEREFORE, Petitioner Louis Pugliano requests an order permitting him to
amend his Section 2255 motion by filing the attached Amendment To Motion To
Vacate, Set Aside, Or Correct Sentence Pursuant To 28 U.S.C. § 2255.
Respectfully submitted,
LOUIS PUGLIANO, PETITIONER
= if - I M l """·—-..,
• . Thompson
» pson 8. Thompson, P.C.
` 1 Main Street, Suite 320
Springfield, MA 01103
[413] 739-2100
Federal Bar # CT15144
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Case 2:90—cr—00018-AHN Document 240 Filed 11/30/2006 Page 4 of 4
Certificate of Service
I hereby certify that a true and accurate copy of the foregoing document has
been served upon Assistant United States Attorney Peter Jongbloed by private courier,
157 Church Street, 23rd F|oor,New Haven, CT 06508, this 29* day f November, 2006.
, f
w NI. Thompson
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