United States v. Pungitore

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

I. INTRODUCTION

Petitioner, following in the footsteps of his co-defendants Nicodemo Scarfo, Frank Nar- ducci, Philip Narducei, Frances Iannarella, Jr., Ralph Staino, Salvatore Merlino and Anthony Pungitore, Jr., has filed a § 2255 Motion asking us to overturn his conviction and sentence for his crimes committed while a soldier in the Philadelphia mafia.

Mr. Pungitore’s motion first asks the court to recuse itself. Next, Petitioner argues that his conviction and sentence should be overturned under the Fifth Amendment since: (1) the government…