Free Order on Motion to Vacate - District Court of Connecticut - Connecticut

Case 2:90-cr-00018-AHN Document 275 Filed O9/05/2008 Page 1 of 1
lllllll SEP -5 P l’ 22
mstatgl
UNITED STATES DISTRICT CQURT ·.g,;nt;¤;P0z~T» ~· =
FOR THE DISTRICT OF CONNECTICUT
)
GAETANO J. MILANO ) MASTER DOCKET NO.
) 2:90CR18(AHN)
)
v. )
)
UNITED STATES OF AMERICA ) SEPTEMBER 5, 2008
)

The motion of Petitioner, Gaetano J. Milano, to vacate, set aside, or correct his sentence
pursuant to 28 U.S.C. § 2255, as amended, is granted. The Court finds that there were available
grounds that would have supported a sentence less than that imposed on the Petitioner, but his
trial counsel failed to raise those issues. Further, there is a reasonable probability that, but for
counsel’s conduct, the Petitioner’s sentence probably would have been different and thus the
Petitioner was prejudiced, regardless of the amount by which his sentence was affected by
counsel’s ineffective assistance. Because the Petitioner has established ineffective assistance of
counsel in this § 2255 proceeding, the appropriate remedy is for the Petitioner to be re-sentenced.
SO ORDERED this 5th day of September, 2008 at Bridgeport, Connecticut.
I renew. uevas, suse.:
lan H. Nevas _
United States District Judge