The highest ranking Chicago mob boss now in prison, Jimmy "The Man" Marcello, filed a petition Wednesday afternoon in federal court to have his sentence tossed out.
Marcello, 76, is now challenging his sentence based on the U.S. Supreme Court Davis ruling one year ago today. In that Davis decision, the court narrowly held that enhancements for crimes of violence committed with guns are unconstitutionally vague.
Marcello was one of five top hoodlums convicted in the 2007 Family Secrets racketeering case. Authorities said Marcello delivered Tony "The Ant" Spilotro to his death -- found with his brother Michael Spilotro in an Indiana cornfield in June 1986.
James Marcello was sentenced to life in 2009 and is imprisoned at the fed's Supermax facility in Colorado.
"It's one of the least appealing cases and sets of facts for a court to consider in giving somebody a break but the analysis is going to be a legal one. Was he convicted under the statute that Davis was talking about, the Supreme Court was talking about, and can it be applied retroactively, and would it make any difference to him anyway because the crimes were so serious they could have easily have yielded a life in prison sentence even without this," said former federal prosecutor and ABC 7 Legal Analyst Gil Soffer.