Mafia Boss Peter Gotti, who spent his second consecutive Christmas Day behind bars yesterday, may never again have the opportunity to enjoy a yuletide celebration in his own home, if the feds have their way with him. 

Federal prosecutors recently furnished Gotti, who rejected a sweet plea deal of 51 months for waterfront racketeering before trial, with sentencing guidelines calculations that call for him to get between 210 and 262 months in prison for his conviction in March, Gang Land has learned. 

The recommendation – determined by the Probation Department – is much higher than prosecution estimates immediately following the jury verdict of between eight and 10 years.

Based on a complex formula that includes seriousness of the crimes, the amount of money involved, the criminal history and role of the defendant, the guidelines are designed to eliminate judicial discretion and make sentences for similar crimes more uniform. 

Defense lawyer Gerald Shargel claims that the government’s calculations are out of whack, but Gotti, 64, faces a hefty prison sentence that could doom him to the same fate as his brother John, who died in prison in June 2002, a week after Peter was indicted. He has been incarcerated ever since, having been found to be a danger to the community by Brooklyn Federal Judge Frederic Block.

After a two-month trial that detailed 50 years of Gambino family rackets on the Brooklyn piers, Gotti was found guilty of racketeering, conspiracy and money laundering charges stemming from regular extortion payoffs from corrupt or frightened businessmen. Sentencing is scheduled for next month. 

Capo Anthony (Sonny) Ciccone, whom John Gotti put in charge of the family’s rackets on the Brooklyn and Staten Island waterfronts soon after he took over in

1986, was also convicted. Ciccone, 69, funneled the payoffs to Peter Gotti through several underlings. He also faces more than 20 years, according to the calculations turned over to defense lawyers by prosecutors Andrew Genser, Katya Jestin and Rick Whelan. 

Convicted of many counts, Gotti and Ciccone (right) technically face consecutive sentences of more than 20 years. It is unlikely, however, that Judge Block would sentence them to more than the 20 year maximum called for by a racketeering conviction.

Two Gambino mobsters who delivered cash payoffs from Ciccone to Peter Gotti – his brother Richard V. Gotti, 61, a capo in the family, and Richard’s son, Richard G. Gotti, 36, a family soldier – were each tabbed for prison terms in the five year range, sources said.

The father and son gangsters fared much better than Peter Gotti and Ciccone, sources said, because neither played a supervisory role in the schemes and neither was involved in money laundering scams that carry much weight in calculating the appropriate sentencing parameters that judges must follow.

Ciccone was also convicted of trying to extort $3 million from martial arts movie star Steven Seagal; Gotti scored additional negative guidelines points for his status as a Mafia boss, a finding Block made last year.

Gang Land also expects prosecutors to cite Gotti’s alleged involvement in a plot to kill turncoat gangster Salvatore (Sammy Bull) Gravano in 2000 as another

reason for a heavy sentence. Gotti is awaiting trial in Manhattan Federal Court for that plot, which took place during the time he was overseeing the waterfront schemes. 

Defense lawyer Shargel told Gang Land that the government’s sentence calculations for his client were “outrageous, a gross overstatement of the appropriate guidelines. I am confident that the sentence will be nothing like the one that the government seeks. They were created by a Probation Department that was force fed by a government that is looking to sock it to poor Peter who is not deserving of this treatment.”

Regardless of how much time Judge Block metes out for Peter, Richard V. and Richard G. Gotti, there will be five Gotti family members – six if you count the Dapper Don’s former son-in-law, Carmine Agnello – (left) in federal prisons around the country next year.

Peter’s brother Gene, who was tape recorded ripping Peter’s qualifications to run the crime family, still has 15 years to serve for a 1988 drug rap. Gene, 57, is currently housed in El Reno, Oklahoma. Their nephew, onetime acting boss John A. (Junior) Gotti, 39, is in Ray Brook, NY, with nine months remaining on his 77 month sentence for racketeering.

Agnello, 42, who divorced Gotti’s daughter Victoria two years ago, resides in a facility in Elkton, Ohio, and is scheduled to be released on Christmas Eve of 2007.

The feds may have played Scrooge with Peter Gotti, but they displayed some Christmas spirit when it came to recent holiday requests from the father-and-son Richard Gottis, who are both restricted from leaving their homes while they await sentencing.

Federal prosecutors agreed to allow the elder Richard (left) to attend Gotti family celebrations on Christmas Eve and New Years Eve, and permitted the younger Richard to spend the entire holiday season upstate New York with his in-laws.

Anthony (Sonny Junior) Ciccone, a maintenance worker at the scandal-plagued Howland Hook Marine Terminal on Staten Island, should have recalled words from the old song that it’s better to be nice than naughty during the Christmas season. 

Instead, Ciccone, 29, allegedly smashed a stapler into a company laptop computer last week after learning that management had rated his work unsatisfactory and did not give him a ticket for its annual yuletide raffle for a new car, a $50,000 GMC Yukon Denali SUV.

Waterfront Commission detectives who had busted his father for corrupt dealings at Howland Hook gleefully slapped the cuffs on the younger Ciccone and arrested him on misdemeanor charges when called to investigate his temper tantrum.

“Sonny Junior really should learn to lighten up a bit,” said one official, who was hard pressed to stifle a smile. “It won’t cost him any jail time but to take a collar and lose an $80,000 a year job over a raffle ticket is childish.” Amen.