Free Notice (Other) - District Court of Connecticut - Connecticut

' 05/2008 PGQE l Of 2
Case 2:90-cr-00018-AI-FN Document 271 Flléd 09/
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UNITED STATES DISTRICT COURT gt] [`j[}}~ll~li
FOR THE DISTRICT OF CONNECTICUT 1 A U
)
GAETANO J. MILANO ) MASTER DOCKET NO.
) 2:90CR18(AHN)
)
v. )
)
UNITED STATES OF AMERICA ) SEPTEMBER 5, 2008
)

STIPULATION OF RESOLUTION AND DISMISSAL

The parties, the United States of America and the Petitioner, Gaetano J. Milano, hereby
stipulate and agree as follows:
1. Following a jury trial, on August 8, 1991, Mr. Milano was found guilty of
participating in a RICO conspiracy and committing a violent crime in the aid of racketeering in
violation of 18 U.S. Code §§ l962(c), (d) and 1959(a)(1) and (5).
2. On November 26, 1991, the Court imposed a sentence of 396 months of incarceration,
a $50,000 fine, three years of supervised release and special assessment.
3. On September 5, 2008, Mr. Milano filed an amended petition pursuant to 28 U.S.C.§
2255 claiming ineffective assistance of counsel with respect to his sentencing.
4. The Government takes no position on Mr. Milano’s amended petition relating to
ineffective assistance of counsel at sentencing and the Government leaves to the Court the issue
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Case 2:90—cr—O0O18-AHN Document 271 Filed O9/05/2008 Page 2 of 2
as to whether to grant the petition and re—sentence the Petitioner.
5. If the Coun accepts this Stipulation and concludes that Mr. Milano should be re-
sentenced, Mr. Milano shall withdraw, with prejudice and without attorneys’ fees or costs of any
kind, all pending claims and appeals concerning this matter and forever waive any and all claims
that might be brought now or in the future concerning the subject matter of this Petitionoaei
‘l‘iva. <:`c+\J.·l-ies `1{A¤c’~· led in other climbs; MJ. ¢m·w·c2l·w>·s of‘·=V~¤- •·¤v‘¤s‘l‘1j*·‘<‘h¢.~v‘|{j€¤Ll- 6<·'h**‘h 6. If the petition is granted and Mr. Milano is re—sentenced, the parties have agreed that @$5/
the Petitioner should be sentenced to a term of incarceration of 3 12 months (26 years).
7. This Stipulation is not an admission of any wrongdoing nor should it be construed as
an admission of any wrongdoing by the Government or any representative ofthe Government
and it may not be used as precedent, binding or persuasive, in any proceeding of any sort whether
civil, criminal, administrative or in any court or before any tribunal.
Peter J ongbloed
Chief, Criminal Division
United States Attorney’s Office
Craig A. Raabe
Counsel for the Petitioner
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