Gotti v. United States

OPINION & ORDER

HAROLD BAER, JR., District Judge.

Peter Gotti (“Petitioner”) petitions this Court, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct his sentence. Petitioner claims that (1) the Government impermissibly suppressed favorable evidence that was material to the jury’s finding of guilt; (2) the trial judge inadequately investigated a juror’s attempt to recant his vote of guilty after the verdict was rendered; and (3) the holding in the United States Supreme Court’s recent decision in United States v. Santos, — U.S. -, 128 S.Ct. 2020, 170 L.Ed.2d 912 (2008), has…