§ 841(a)(1) and 841(b)(1)(A)(viii), and in count 12 with attempt to manufacture methamphetamine and aiding and abetting the attempt to manufacture methamphetamine in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2.
2. If convicted Mr. Mastrangelo Jr. faces a mandatory minimum period of life imprisonment without parole.
3. On December 19, 1994, at 6:30 A.M. James Nelson a Philadelphia detective with the Drug Enforcement Agency (DEA) went to the defendant's residence at 926 Hoffman Street to find the defendant. The defendant was not there.
4. On December 19, 1994 at 7:30 A.M. James Nelson went to the residence of Phyllis Vizzachero, the defendant's girlfriend, at 6842 Regnet Street to find the defendant. The defendant as not there. Mr. Nelson showed Ms. Vizzachero the arrest warrant for the defendant stating the charges against him, gave her a card with the phone number of the DEA, and told her to have the defendant contact the DEA when she next saw him. The defendant never contacted the DEA.
5. On February 15, 1995, the defendant's case was turned over to William Plitt, a United States Marshal.
6. On February 21, 1995 Marshal Plitt went to the 6800 block of Regent Street with another marshal to look for the defendant.
7. Through the use of a court order for a trap and trace on Ms. Vizzachero's phone and for her bank records Marshal Plitt determined that defendant was in the Drexel Hill area of Pennsylvania. On April 25, 1995 he went to the Drexel Brook apartment complex to look for the defendant.
8. At the Drexel Brook apartment complex it was determined that the defendant was working for Total Construction Inc. (TCI Construction), and a phone call to TCI Construction confirmed that information.
9. Marshal Plitt then went to TCI Construction to look for the defendant. Although the defendant was not at TCI Construction, his truck was at the site.
10. While at TCI Construction Marshal Plitt spoke with Ralph Mastrangelo, another TCI employee and a relative of defendant, who confirmed that defendant worked for TCI Construction and was paid under the table by Vincent James Angelini, the owner. Marshal Plitt informed Ralph Mastrangelo of the charges against the defendant and had him sign a form stating that he was aware that it was illegal to harbor or conceal a person for whom an arrest warrant has been issued (Exh. G-4). Marshal Plitt also gave Ralph Mastrangelo his card and told him to inform the defendant that he should turn himself in.
11. That same day Mr. Angelini phoned Marshal Quinn, Marshal Plitt's supervisor, and verified that defendant worked for him and that he was paying him under the table. Mr. Angelini also told Mr. Quinn that defendant's work schedule was erratic and that he is often out of town. Marshal Quinn informed Mr. Angelini that there was a warrant issued for the defendant's arrest.
12. The trap and trace on Phyllis Vizzachero's phone line showed phone calls being made from Ralph Mastrangelo's home to Phyllis Vizzachero's home as well as from TCI Construction to her home after April 25, 1995.
13. On May 15, 1995 a court order was obtained for an electronic device to be put on Phyllis Vizzachero's car, enabling her car to be followed. The device was placed on her car on May 18, 1995.
14. On May 19, 1995, at 11:40 P.M. Marshal Plitt, and other marshals followed Ms. Vizzachero's car to her sister's home in Aston, Pennsylvania where they saw Ms. Vizzachero and a man fitting the description of the defendant.
15. The marshals then informed the police that they were going to try to arrest the defendant and they surrounded the house. After a phone call into the home informing the occupants that the house was surrounded and that everyone should come out Ms. Vizzachero's sister and husband exited the house. They verified that the defendant and Ms. Vizzachero were still in the house, and that the husband's weapons were also in the home.
16. After a second phone call into the home the mother of the owner of the residence exited the house.
17. Marshal Plitt then phoned into the house two more times. On the final call he spoke with the defendant, and a short while later both he and Ms. Vizzachero exited the house.
18. Ms. Vizzachero and the defendant were then read their rights, and were searched.
19. A piece of paper was found on Ms. Vizzachero with the name of Marshal Plitt's partner, Marshal Hotchkiss, and his hometown in Connecticut. She got this information from Ralph Mastrangelo who had told her that Marshal Hotchkiss was looking for the defendant.
20. After the defendant was arrested on May 20, 1995, it was established that Phyllis Vizzachero and the owners of the house knew that the defendant was wanted. It was also verified that this was not the first time that the defendant had stayed at that house.
21. Phyllis Vizzachero has been charged with harboring a fugitive.
22. Approximately five hundred hours were expended from February of 1995 through May 20th of 1995 searching for the defendant.
23. Evidence indicated that although an arrest warrant was first executed for the defendant on December 19, 1995, he was not arrested until May 20, 1995.
24. The defendant's criminal history is as follows:
1) On November 7, 1973, defendant was arrested in Phildelphia, Pennsylvania, and was subsequently convicted of conspiracy and unlawful use of a communication facility. He was sentenced in federal court by Judge Green to five years probation and a $ 200 fine.
2) On December 19, 1974, defendant was arrested in Philadelphia, Pennsylvania, and was subsequently convicted of carrying a firearm without a license and possession of an instrument of crime. He was sentenced by Judge huyett in September of 1975 to 18 months imprisonment.