Crime boss sentences could skyrocket
Guidelines affect Palermo, Guzzino
Post-Tribune (IN)
January 8, 1992
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Prosecution and defense attorneys Tuesday wrestled with the new federal sentencing guidelines and the level of culpability faced by two convicted members of the crime syndicate.
U.S. District Judge James T. Moody took the arguments under advisement and continued the sentencing of Dominick "Tootsie" Palermo, 73, of Orland Park, Ill., and Nicholas "Jumbo" Guzzino, 50, of Chicago Heights, Ill., until Jan. 24.
Because of the complex nature of the new guidelines and scant legal precedents, Moody said he wanted to carefully weigh the arguments before making a decision.
What the judge decides on two government motions will severely impact the amount of prison time the two face. Guzzino's potential sentence could increase from almost six years to almost 20 years. Palermo's potential sentence could increase from 6 1/2 years to almost 22 years. Under the sentencing guidelines, defendants serve about 85 percent of their terms.
Palermo, the syndicate boss for gambling operations in Northwest Indiana and Chicago's south suburbs, and Guzzino, his top lieutenant, were among six defendants convicted here in August on racketeering and illegal gambling charges.
Assistant U.S. Attorney Michael A. Thill wants one offense level increased by five points because a predicate act to the racketeering charge involved use of a firearm.
If that increase is granted it would add more than five years to Guzzino's potential sentence and about six years to Palermo's.
Thill also wants a five-level increase in potential sentence because the defendants are members of a crime syndicate.
Chicago attorneys Kevin Milner, representing Palermo, and Ronald Menaker, counsel for Guzzino, argued against the first increase, saying the gun was used by Anthony Leone, another defendant, not by their clients.
But Thill contends Palermo and Guzzino are culpable because they were Leone's bosses.
"It is reasonably foreseeable that the next step in the collection of a street tax is the use of a firearm or some type of weapon," Thill argued.
Milner argued that Palermo never concurred in the use of a weapon or had knowledge of its existence.
Leone used the weapon to shoot out the windows at Franklin Burton's illegal gambling operation in Gary. Burton was behind on payments, Leone testified.
Leone cooperated with the government and testified against his co- defendants. He was placed on probation and announced his intent to leave the federal witness protection program.
On the other offense, Thill argued that the guidelines of the racketeering statute don't take into account the defendants are members of a crime syndicate.
Milner and Menaker argued that the racketeering statute was designed for cases involving the crime syndicate and that there was no need to increase the offense levels to deal with those crimes.
"The sentencing commission knew full well (the racketeering statute) was designed to combat organized crime," Menaker said.
If Moody grants the both five-level increase because of the crime syndicate, Guzzino would face a maximum of almost 20 years and Palermo almost 22 years.
The other defendants, Bernard "Snooky" Morgano of Valparaiso, Sam ''Frog" Glorioso of Gary, Sam Nuzzo Jr. of Merrillville and Peter ''Cadillac Pete" Petros, formerly of Gary and LaPorte, are scheduled for sentencing today and Thursday.
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