UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
United States of America
Honorable Judge.: Nathaniel M. Gorton
United States District Criminal Action #97-CR-40009-NMG.
According to Document #1366 dated: 8-27-2010 Marino filed motion see:
Affidavit of Marino:
1. I am the petitioner in the above captioned case and, as such, am fully familiar with the facts and circumstances surrounding the conviction and sentences;
2. The statements made herein are made upon information and belief, based upon a review of the Court records available to me, conversations with attorneys and others involved in the proceedings, and my independent recollection or events;
3. On September 28 or 29, 1998 after the jury had been sworn in and after the commencement of testimony, the prosecution moved to DISMISS from the indictment all conduct relating to the conspiracy to distribute cocaine FROM “ON OR BEFORE SUMMER, 1993 THROUGH IN OR AFTER DECEMBER, 1994,” see DOCUMENT #581.
4. The acts alleged in Conspiracy in issue was at the time included in another indictment captioned via: United States v. Marino, Criminal Action #97-CR-10026-JLT. United States District Court for the District of Massachusetts before the Honorable Joseph L. Tauro;
5. The prosecutors: AUSA: Jeffrey Auerhahn and Cynthia Ann Young, represented to this Court that the motion was made to avoid any Double Jeopardy problem and /conflicts with the Petitioner’s other pending case based on the same conspiracy;
6. Honorable Nathaniel M. Gorton, GRANTED the government’s motion on October 22, 1998 and ORDERED the conspiracy of Cocaine charged in the indictment removed. See DOCUMENT DATE: October 22, 1998.
7. As a result, Count 30 cocaine conspiracy charge was redacted from the final copy of the indictment and the VERDICT SHEET that was submitted to the jury, in the first trial in 1998;
8. The identical conduct encompassed by Count 30 cocaine conspiracy of the indictment was reiterated as predicate racketeering Act-B in Count One RICO and Count Two RICO conspiracy counts, respectively enumerated as Counts One and Two of the instant indictment: United States v. Marino, CR-97-40009-NMG. (D.Mass/Worcester);
9. The motion to dismiss all conduct related to the cocaine conspiracy applied with equal force and effect to Racketeering Act-B, which along with Count 30 should have been redacted from the indictment and verdict sheet, in trial #2, 1999:United States v. Marino, CR-97-40009-NMG. (D.Mass/Worcester);
WHEREFORE, your Petitioner (Marino), requests that his judgment of conviction be revised to correct the omission of the Clerk to remove all counts/predicate racketeering Act-B cocaine conspiracy charge in United States v. Marino, CR-97-40009-NMG. (District of Massachusetts/Worcester/Boston). Signed under 28 U.S.C. Section 1746, under the penalties of perjury the above and the following to be true, correct and complete. Pro-Se.
Respectfully Submitted By
Vincent Michael Marino 14431-038
USP Pollock P.O. Box 1009
P.O. Box 2099
Welch, West Virginia
DOCUMENT #1366, 8-27-2010 United States v. Marino, CR-97-40009-NMG. (D.Mass.)
Dated: August 25, 2010