BRODERICK, J. March 13, 1995
Defendant Philip Biscardi, who pled guilty before this Court to distribution of methamphetamine in violation of 21 U.S.C. §§ 841 and 846, has filed a motion asking the Court to reduce the time period within which he is disabled from participating in the affairs of his union and further provide that he is no longer prohibited from such participation by 29 U.S.C. § 504. The United States Attorney has filed a response, contending that the Court lacks jurisdiction to reduce this time period, and claiming that Defendant must petition the United States Parole Commission. Counsel for Defendant, however, asserts that the Court does have jurisdiction.
For reasons discussed herein, the Court concludes that it lacks jurisdiction to reduce the disability time period and provide that Biscardi is no longer prohibited from participating in the affairs of his union under 29 U.S.C. § 504. Defendant's motion will be dismissed for lack of jurisdiction.
On September 5, 1985, Defendant Philip Biscardi pled guilty to one count of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846, and two counts of distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). On April 3, 1986, Biscardi was sentenced to concurrent terms of imprisonment of four years, followed by a special parole of ten years.
Biscardi was released from prison on November 28, 1988. Upon release, he returned to his previous employment in the newspaper printing industry. He subsequently ran for various positions in his local union, and served in those positions until he learned that, as a person convicted of a felony listed under 29 U.S.C. § 504(a), he was prohibited from holding office in his union. As discussed infra, this statute provides that a person cannot serve in various leadership capacities in a labor organization for a period of thirteen years following release from imprisonment. After the discovery of this restriction on his activities, Biscardi was relieved of all his union positions. Biscardi has filed this motion asking the Court to vacate the remainder of his thirteen year period of disability and provide that he is no longer prohibited from participating in the affairs of his union. Because neither Biscardi nor the United States Government had addressed the issue of the Court's jurisdiction to consider such a motion, the Court ordered both parties to submit memoranda addressing jurisdiction. Biscardi maintains that the Court has jurisdiction to reduce the disability period by virtue of § 5J1.1 of the United States Sentencing Guidelines, while the Government contends that the Court lacks jurisdiction.
29 U.S.C. § 504, applicable to a crime committed prior to November 1, 1987, and therefore applicable to Biscardi at his sentencing on April 3, 1986, provided in relevant part:
No person [who has been convicted of various crimes shall serve in certain capacities in a labor organization] during or for the period of thirteen years after such conviction or after the end of such imprisonment, whichever is later, unless the sentencing court on the motion of the person convicted sets a lesser period of at least three years after such conviction or after the end of such imprisonment, whichever is later, or unless prior to the end of such period, in the case of a person so convicted or imprisoned . . . the United States Parole Commission determines that such person's service [in certain capacities] would not be contrary to the purposes of this chapter.