Request for Postponement
Carmine Agnello, the son of Victoria Gotti, has formally petitioned a federal judge to delay the commencement of his 15-month prison sentence. Agnello is currently set to report to custody on Monday, July 20, but is seeking to push that date back to September 18 to facilitate a medical procedure.
Medical Necessity and Surgery Plans
According to documentation provided by two separate physicians, a nephrectomy is slated for August 3. The procedure involves Carmine Agnello serving as the kidney donor for his mother, Victoria Gotti, who has been battling chronic kidney disease. Agnello is the eldest child of Victoria and Carmine Agnello Sr., and is reportedly the only compatible donor available for the transplant.
Legal and Prosecution Stance
Federal prosecutors have expressed opposition to the request. They pointed out that a previous attempt to delay the case for the same purpose did not result in the scheduled surgery. While maintaining that the Bureau of Prisons is fully capable of managing necessary medical care, including post-surgical recovery, prosecutors have indicated they might be willing to consider a short deferment until August 10.
Background and Appeals
Earlier this year, Victoria Gotti had reached out to the court requesting leniency for her son, citing his role as her donor as a critical factor. In a letter sent to the presiding judge in March, she advocated for her son to receive probation instead of imprisonment. In her correspondence, she emphasized her son’s character:
“He is there to help anyone. He is kind and generous to a fault. He is giving me the GIFT OF LIFE.”
She further argued that the potential health risks to her son would be significantly higher if he were forced to undergo the operation while incarcerated. Despite these appeals, Assistant U.S. Attorney Charles Kelly has maintained that serving as a kidney donor does not meet the legal threshold for establishing the extraordinary family circumstances required to alter a sentence.