Judicial Complaint Against:Nathaniel M. Gorton , United States District Court Judge District of Massachusetts/Boston and Worcester:
UNITED STATES COURTS FOR THE FIRST CIRCUIT
OFFICE OF THE EXECUTIVE
JUDICIAL COUNCIL APPEAL/SUPPLEMENT
UNITED STATES COURTHOUSE
ONE COURTHOUSE WAY
See Vincent Michael Marino Complaint #01-08-90011.
Petitioner/Complainant U.S. Court of Appeals For the First Circuit
Nathaniel M. Gorton, October 14, 2008.
U.S. District Judge,
District of Massachusetts
According to: Marino v. United States Attorney’s Office District of Massachusetts, et al., civil action #12-cv-872-RMC. (District of Columbia, Washington) PENDING, and issues NOW PENDING via: Marino v. Department of Justice , et al., civil action #12-cv-865-RMC. (District of Columbia, Washington) PENDING:
concerns governmental and judicial misconduct by Assistant United States Attorneys Jeffrey Auerhahn and Cynthia Ann Young and NOW Michael Tabak and his Government Lawyer co-counsel prosecuting Marino’s co-defendant Enrico “Rico” Ponzo in a superseding indictment Criminal Number S-97-40009-NMG. (District of Massachusetts/Boston)
What seems to be of a significant theory is that the New Federal Prosecution Team: AUSA: Michael Tabak and his new governmental co counsel whom with further research appears to be a damage control component for the Historic and current corruption in Marino’s and Ponzo’s case(s) which they are codefendants of:
First, the government’s NEWLY Superseding Indictment precludes Count One RICO violations under Title 18 U.S.C. Section 1962(c) COMPLETELY. Which appears to seem that the new governmental prosecution team FOUND a severe DEFECT in the Prior indictment specifically concerning Count One RICO.
My opinion which is supported with the PUBLIC RECORD is that Count One RICO, named BOTH violations of Title 18 U.S.C. Sections 1962(c) & 1962(d). As Title 18 U.S.C. Section 1962(d) is the RICO conspiracy charged in the First Indictment as Count Two. A core violation of the Double Jeopardy Clause of the 5th Amendment.Which appears to be a illegal conviction and sentence of Marino to 20 extra years in prison for Count One RICO.
As Marino received three sentences to run consecutively with each other: Count One RICO Marino was sentenced to served 20 years for. Count Two RICO conspiracy, Marino received 10 years to serve in prison for, and Count Three Conspiracy to murder he received 5 years for, all to run consecutively with each other totaling 35 years in prison.
How-ever with the preclusion of Count One RICO conviction and sentence, Marino is currently held unlawfully over his term of imprisonment, as Marino has already served over 16 years day for day not counting Earned Good Time Jail Credits which would facilitate Marino serving an equivalent sentence of more than 18 years, well over the 13 years with good time jail credit he would have received with a 15 year sentence.This governmental DEFECT in its ORIGINAL INDICTMENT concerning Count One RICO, Title 18 U.S.C. Section 1962(c) is a STRUCTURAL DEFECT requiring that the United States Department of Justice, to immediately CORRECT the defect.As Marino is actually, factually and legally innocent of Count One RICO and its conviction and 20 years sentence.
See Document 1585, under United States v. Ponzo, Criminal Number: S-97-40009-NMG. (District of Massachusetts, United States District Court/Boston). in support.
See SUPERSEDING INDICTMENT.
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