Petition of Sperduti, 32468.

• Decision Date: 03 February 1949
• Docket Number: No. 32468.,32468.
• Parties: Petition of SPERDUTI.
• Court: U.S. District Court — Middle District of Pennsylvania

81 F. Supp. 833

Petition of SPERDUTI.

No. 32468.

United States District Court M. D. Pennsylvania.

February 3, 1949.

Michael J. DeSisti, of Sayre, Pa., for petitioner.

George P. Halberstadt, of Philadelphia, Pa., for Government.

WATSON, Chief Judge.

This is a Petition for Naturalization by Anthony Sperduti filed under Section 311 of the Nationality Code, 8 U.S.C.A. § 711.

The facts are as follows: The petitioner is a native and citizen of Italy, who was lawfully admitted to the United States for permanent residence on December 23, 1908, and has resided continuously in the United States since that time. On February 22, 1923, petitioner was convicted in the Quarter Sessions Court, Bradford County, Pennsylvania, on an indictment charging murder and sentenced to death. On September 27, 1923, the death sentence was commuted to life imprisonment and he was committed to the Eastern State Penitentiary, Pennsylvania. On October 18, 1933, petitioner's sentence was commuted to ten years and one month, and petitioner was released from prison and placed on parole for life. On October 30, 1947, the Governor of the Commonwealth of Pennsylvania granted petitioner a full pardon. On January 28, 1948, petitioner filed this Petition for Naturalization, seeking admission as a citizen of the United States of America. Petitioner's spouse became a naturalized citizen of the United States on August 21, 1945, and petitioner resided in marital union with his United States citizen spouse for at least one year immediately preceding the filing of his Petition for Naturalization. Petitioner and his wife have five children, all daughters, who have been and still are persons of good moral character, and who stand high in their community. Since petitioner's release from prison in 1933, he has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

At the final hearing five outstanding citizens of petitioner's community, all having excellent reputations, who knew petitioner for periods varying from six to thirty-five years, testified that his reputation for good moral character and Americanism was far above that of the average citizen. These character witnesses included such members of the petitioner's community as the superintendent of public schools, petitioner's employer, fellow workers of the petitioner, a business man, and a Catholic priest.

The Immigration and Naturalization Service objected to the admission of the petitioner to citizenship, for the reason that he had not established good moral character during the period immediately preceding the filing of the Petition on the 28th day of January, 1948, as required by the Nationality Code. The Immigration and Naturalization Service contends: (1) that a petitioner who has committed murder is precluded from establishing good moral character, even though the crime occurred outside the statutory period; (2) that, since petitioner was on parole during a substantial portion of the statutory period during which he is required to establish good moral character, he cannot establish such character; and (3) that, even though a full pardon has been granted, the statutory period of good moral character must be measured from the date of pardon.

Section 311 of the Nationality Code states: "A person * * * whose spouse is naturalized after the effective date of this section, if such person shall have resided in the United States in marital union with the United States citizen spouse for at least one year immediately preceding the filing of the petition for naturalization, may be naturalized after the effective date of this section upon compliance with all requirements of the naturalization laws with the following exceptions: * * * (b) The petitioner shall have resided continuously in the United States for at least two years immediately preceding the filing of the petition in lieu of the five-year period of residence within the United States * * *." 8...