Taccetta v. U.S.

• Decision Date: 25 July 1997
• Docket Number: Civil Action No. 97-2139(AJL).
• Citation: 975 F.Supp. 672
• Parties: Michael TACCETTA, Petitioner, v. UNITED STATES of America, Respondent.
• Court: U.S. District Court — District of New Jersey

975 F.Supp. 672

Michael TACCETTA, Petitioner, v. UNITED STATES of America, Respondent.

Civil Action No. 97-2139(AJL).

United States District Court, D. New Jersey.

July 25, 1997.

Thomas A. Cataldo, Morris Plains, NJ, for Petitioner.

Faith Hochberg, United States Attorney, Colette Buchanan, Assistant United States Attorney, Office of the United States Attorney, Newark, NJ, for U.S.

OPINION

LECHNER, District Judge.

Petitioner Michael Taccetta ("Taccetta"), presently incarcerated at the United States Penitentiary in Atlanta, Georgia, brings this petition for a writ of habeas corpus (the "Habeas Petition"), pursuant to 28 U.S.C. § 2255, as well as a request for an evidentiary hearing ("Request for an Evidentiary Hearing").¹ For reasons set forth below, the Request for an Evidentiary Hearing is denied. The Habeas Petition is dismissed; there is no probable cause for appeal.

Facts

A. Background

Taccetta and eight other persons were indicted on 29 December 1992 by a Federal grand jury and charged in an eighty-four count indictment ("Indictment") with violations of the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq., ("RICO") and related offenses. See Indictment; Opposition Brief at 1. Taccetta was indicted on Federal racketeering, extortion, bribery, money laundering, mail fraud and related charges regarding a fraudulent billing and kickback scheme involving the City of Newark, Division of Sanitation ("Division of Sanitation"). Opposition Brief at 1-2. The Indictment also charged Taccetta and five of the defendants with racketeering in a similar scheme involving maintenance and security service companies. Id. The matter was captioned United States v. Salvatore Juliano, et al., 92-723(AJL).

Trial was scheduled to begin on 7 September 1993. Id. The day before jury selection, three defendants entered guilty pleas pursuant to cooperation agreements. Following jury selection, the remaining six defendants entered into plea discussions with the United States. Id.

B. The Plea Agreement

On 20 September 1993, pursuant to a plea agreement ("Plea Agreement"), Taccetta pleaded guilty to a two count superseding information ("Information"). See Information, attached as Exhibit B to Moving Brief; Transcript of Plea Proceedings ("Plea Tr."), dated 20 September 1993, attached as Exhibit A to Moving Brief. The Plea Agreement was part of a universal settlement of Federal and state charges pending against Taccetta. Plea Tr. at 2. In exchange for the guilty plea, the Government agreed to dismiss the Indictment and not to prosecute Taccetta in connection with the offenses alleged in the Indictment. Id. at 3. The government further agreed not to compel Taccetta to testify, not to seek any upward departure from the United States Sentencing Guidelines and not to oppose an application by Taccetta that any sentence imposed as part of the state component of the universal settlement run concurrent with the Federal sentence. Id.

The first count of the Information ("Count One") charged Taccetta with participating in the affairs of an enterprise, the New Jersey faction of the Lucchese family, through a pattern of racketeering. See Information, Count One. Taccetta admitted to a pattern of racketeering which included the Division of Sanitation scheme and the commercial bribery scheme which were the subject of the then pending Indictment, as well as multiple murder conspiracies, seven of which resulted in the death of the victim. See Plea Tr. at 21-26.

The second count of the Information ("Count Two") charged Taccetta with jury tampering. Specifically, Count Two of the Information stated, in full,

During the time period of approximately November, 1986 through November, 1988, in the District of New Jersey, the defendant MICHAEL TACCETTA did knowingly and willfully and corruptly endeavor to influence or impede a juror in the United States District Court for the District of New Jersey in that juror's discharge of his duty in the matter of United States v. Accetturo et al., Cr. No. 85-292(HAA), through the payment of bribes to the juror [i]n violation of Sections 1503 and 2 of Title 18 of the United States Code.

See Information, Count Two (capitals in original) (emphasis added); Plea Tr. at 26-7.

C. The Plea Hearing

At the plea allocution ("Plea Hearing"), among other admissions, Taccetta admitted to the following:

Q. During the time period of approximately November, 1986 through November, 1988, did you participate in a proceeding in the district court for the District of New Jersey, namely the trial of United States v. Anthony Accetturo et al.?²

A. Yes.

Q. During that same time period, did you aid and abet the corrupt endeavor to influence and impede a juror in that the trial in that juror's discharge of his duties in that manner?

A. Yes.

Q. Did you do all of these acts knowingly and willfully?

A. Yes.

Plea Tr. at 26-7.Taccetta further admitted his conduct with respect to both counts of the Information was committed knowingly, willfully and intentionally:

Q. Now, ... you've told me that you [Taccetta] read the [I]nformation, [C]ount[][O]ne and [Count] [T]wo, correct?

A. Yes, sir.

Q. You discussed them with your attorney?

A. Yes.

Q. He's explained them all to you?

A. Yes.

Q. It is fair to say that you knowingly, willfully and intentionally committed the conduct set forth in the [I]nformation in [C]ount[][O]ne and [Count] [T]wo?

A. Yes.

Plea Tr. at 28.

The Plea Agreement stated that "[t]he sentence to be imposed upon [Taccetta] [was] within the sole discretion of the sentencing judge, subject to the Sentencing Reform Act and the United States Sentencing Guidelines." See Plea Agreement, attached to Opposition Brief at Exhibit 1, 2. Taccetta faced a maximum of twenty years in Federal prison on Count One and five years imprisonment on Count Two. Id. The Plea Agreement specified the Government would ask that the maximum sentence be imposed and that the five year term on Count Two run consecutive to the twenty year term on Count One. Id. at 4.

D. The Sentencing

On 22 July 1994, Taccetta was sentenced to a term of twenty-five years. See Judgment in a Criminal Case ("Criminal Judgment"), attached as Exhibit D to Moving Brief. The Criminal Judgment lists the date of the offense for Count Two, obstruction of justice, as 1 November 1988, rather than the period of time during which the conduct occurred, November, 1986 until November, 1988. See Criminal Judgment. Taccetta appealed his conviction, which was affirmed on 28 June 1995. See United States v. Taccetta, 61 F.3d 897 (3d Cir.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 231, 133 L.Ed.2d 159 (1995).

E. Habeas Petition

In the Habeas Petition, Taccetta claims he is entitled to relief pursuant to Section 2255 because he could not lawfully be convicted on Count Two of the Information due to legal impossibility or, in the alternative, the statute of limitations. Moving Brief at 6. Taccetta further argues the guilty plea was procured as a result of prosecutorial misconduct. Id. at 12.

Discussion

A. Necessity of an Evidentiary Hearing

"The discretion of the district court summarily to dismiss a motion under 2255 is limited to cases where the motion, files, and records show conclusively that the movant is not entitled to relief." United States v. Nahodil, 36 F.3d 323, 326 (3d Cir.1994) (citing United States v. Day, 969 F.2d 39, 41-42 (3d Cir.1992) (internal quotations omitted)). "The question whether to order an evidentiary hearing is committed to the sound discretion of the district court." Government of Virgin Islands v. Bradshaw, 726 F.2d 115, 117 (3d Cir.), cert. denied, 469 U.S. 829, 105 S.Ct. 113, 83 L.Ed.2d 56 (1984), modified by United States v. Dawson, 857 F.2d 923 (3d Cir.1988) ("If a nonfrivolous [ineffective assistance of counsel] claim clearly fails to demonstrate either deficiency of counsel's performance or prejudice to the defendant, then the claim does not merit a hearing."); Page v. United States, 462 F.2d 932, 933 (3d Cir. 1972). Where the record indicates the claim for relief is without merit, the "refusal to hold a hearing will not be deemed an abuse of such discretion." Government of the Virgin Islands v. Nicholas, 759 F.2d 1073, 1075 (3d Cir.1985).

As will be discussed, the Habeas Petition is meritless and, therefore, is denied. The Request for an Evidentiary Hearing is denied. Nicholas, 759 F.2d at 1075; see Page, 462 F.2d at 933.

B. Standard of Review under 28 U.S.C. § 2255

Section 2255 of Title 28 of the United States Code ("Section 2255") provides a means of collaterally attacking a sentence imposed after a conviction. United States v. Cannistraro, 734 F.Supp. 1110, 1119 (D.N.J.), aff'd mem., 919 F.2d 133, and aff'd mem., 919 F.2d 137 (3d Cir.1990), cert. denied, 500 U.S. 916, 111 S.Ct. 2011, 114 L.Ed.2d 98 (1991). Section 2255 provides, in pertinent part:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

28 U.S.C. § 2255.

"The purpose of Section 2255 was to require a[F]ederal prisoner to exhaust his remedies in the courts of the District and Circuit in which he was convicted and sentenced, and to apply to the Supreme Court, on Certiorari from a denial of such remedies, before seeking release on habeas corpus." Crismond v. Blackwell, 333 F.2d 374, 377 (3d Cir.1964); see also Millan-Diaz v. Parker, 444 F.2d 95, 96 (3d Cir.1971); Application of Galante, 437 F.2d 1164, 1165 (3d Cir.1971). Strong interests in the finality of judgments prevents an error, which may justify...