U.S. v. RIGGI

Docket No. 09-4391-cr.

649 F.3d 143 (2011)

UNITED STATES of America, Appellee, v. Giovanni RIGGI, also known as John Riggi, also known as Uncle John, Girolamo Palermo, also known as Jimmy Palermo, Charles Majuri, Stefano Vitabile, also known as Steve Vitabile, Francesco Polizzi, also known as johndoe6, also known as Frank Polizzi, also known as Francesco Polizzi, Anthony Mannarino, also known as Anthony Marshmallow, also known as Anthony Marshmallo, Louis Consalvo, also known as johndoe8, also known as Louie Eggs, also known as Frank Scarabino, Gregory Rago, Frank D'Amato, Bernard Nicastro, Frank Scarabino, also known as Franky the Beast, Giuseppe Schifilliti, also known as Pino Schifilliti, Charles Stango, also known as Charlie the Hat, also known as The Mad Hetter, also known as Goombs, also known as Goombsie, Joseph Collina Sr., Simone Palermo, also known as Daddy, Salvatore Timpani, also known as Sal the Barber, also known as Little Sal, Joseph Brideson, also known as Big Joey, Americo Massa, also known as Mike Massa, Martin Lewis, Ruben Malave, Michael Silvestri, Defendants, Philip Abramo, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 10, 2011.


Attorney(s) appearing for the Case

Inga L. Parsons , Marblehead, MA, for Defendant-Appellant.

Steve C. Lee , Assistant United States Attorney ( Andrew L. Fish , Assistant United States Attorney, on the brief), for Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: JACOBS, Chief Judge, WESLEY and CHIN, Circuit Judges.


DENNIS JACOBS, Chief Judge:

Defendant-Appellant Philip Abramo appeals from a judgment of conviction and sentence of the United States District Court for the Southern District of New York (Rakoff, J.), arguing that his rights under the Ex Post Facto Clause were violated by the application of the 2008 Sentencing Manual to a murder conspiracy that concluded in 1989. He contends that this alleged violation and his ignorance of his ex post facto rights render...

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