Free Motion to Vacate - District Court of Connecticut - Connecticut

Case 2:90-cr-00018-AHN Document 273 Filed O9/05/2008 Page 1 of 3
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UNITED STATES DISTRICT COURT ‘ Y>*~*P‘il"i" " L ° H
FOR THE DISTRICT OF CONNECTICUT
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GAETANO J. MILANO ) MASTER DOCKET NO.
) 2:90CR18(AHN)
)
v- )
)
UNITED STATES OF AMERICA ) SEPTEMBER 5, 2008
)
AMENDED MOTION
PURSUANT TO SECTION 28 U.S.C. §22S5
The Petitioner, Gaetano J. Milano, hereby moves to Vacate, Set Aside, or Correct his
sentence pursuant to the Fifth and Sixth Amendments to the United States Constitution and 28
U.S.C. §2255 on the following grounds:
1. The Petitioner was denied effective assistance of counsel in that his trial counsel
failed to request an instruction on the statutory affirmative defense to murder of extreme
emotional disturbance or duress, Conn. Gen. Stat. § 53a—54a, that was warranted by the evidence
and trial counsel failed to object to the District Court’s omission of this statutory defense in the
jury charge.
2. The Petitioner was denied effective assistance of counsel because his trial counsel did
not seek a continuance of the Petitioner’s sentencing after counsel learned that the Petitioner was
going to admit to certain offense conduct, renounce his membership in the criminal enterprise

Case 2:90-cr-00018-AHN Document 273 Filed O9/05/2008 Page 2 of 3
and take extraordinary responsibility for his conduct. A continuance would have permitted a
more effective and comprehensive sentencing presentation for the Petitioner and it would have
permitted the Court additional time to consider the Petitioner’s extraordinary change of position.
WHEREFORE, Mr. Milano moves pursuant to 28 U.S.C. §2255 that his sentence be
vacated and set aside and that he be re-sentenced.
PLAINTIFF, GAETANO J. MILANO

Craig A. aabe
[email protected]
Federal Bar No. ct 04116
Romnsoiv & Com; LLP
280 Trumbull Street
Hartford, CT 06103
Telephone: (860) 275-8200
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Case 2:90-cr-00018-AHN Document 273 Filed O9/05/2008 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was mailed, via first-class mail, postage
prepaid, on this 5th day of September, 2008, to the following counsel of record:
Peter S. Jongbloed, Esq.
United States Attorneys Office
157 Church Street, 23rd Floor
New Haven, CT 06508
Ray Lopez
Senior Probation Officer
United States Probation Office
915 Lafayette Blvd
Bridgeport, CT 06604


Craig A, Raabe
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