United States v. Macias, No. 18-1981 (7th Cir. 2019)
Annotate this CaseMacias helped move drug money from Chicago to Mexico. He had prior convictions for human smuggling. At his bench trial, he challenged a drug-conspiracy charge by testifying he thought the cash came from human smuggling, not drug trafficking. The district judge convicted him, imposed a two-level enhancement under U.S.S.G. 2D1.1(b)(15)(D) for obstructing justice by testifying falsely, and sentenced him to 300 months in prison. Macias argued the enhancement did not apply to a defendant who perjures himself at trial and that the judge failed to find all perjury elements independently and explicitly, as constitutionally required. The Seventh Circuit affirmed. Macias waived these challenges, foreclosing appellate review. This is not merely a case where a defendant failed to object when asked the rote question, “Any other objections?” The defense acknowledged that the enhancement applied. The decision not to challenge the obstruction enhancement makes strategic sense. The judge already found Macias untruthful and there were good reasons to avoid tainting mitigation arguments about personal history and family circumstances.
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