Michael Persico, the son of imprisoned Colombo boss Carmine "The Snake" Persico, has to stick to the plea deal for loan sharking he struck with federal prosecutors as reported by Selim Algar for the New York Post.
Apparently the mob scion got his panties in a bunch after learning his Pre-sentence Report included the government's claim it could prove by a preponderance of the evidence that he "was involved in several additional significant crimes" including "involvement in the murders of John Scopo and Michael Devine" which the Probation Department could consider in setting the upper end of the sentencing range for the single count to which Persico pleaded guilty.
Persico argued that federal prosecutors promised they wouldn't push for a heavy sentence but in a decision last month Brooklyn federal judge Sandra L. Townes ruled the plea agreement only "prohibits advocacy" by federal prosecutors "before the Court," and "it cannot reasonably be interpreted as prohibiting advocacy before the Probation Department prior to the drafting of the Pre-sentence Report" because "a court cannot determine the Guidelines range until after it receives the Pre-sentence Report." In other words, the plea agreement only prohibits federal prosecutors from advocating before the court for the high end of the sentencing range but not providing case input to the Probation Department in establishing that sentencing range in the first instance.
By the way, Persico faces between 36 and 47 months when sentenced early next year, and hopefully Judge Townes will give him the maximum for being an idiot.