United States v. Perez, No. 18-3156 (7th Cir. 2020)
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Beloit officers facilitated a recorded controlled buy of heroin from Perez, a suspected high-level drug dealer. Perez sold 98 grams of heroin to an informant. Based on that transaction alone, Perez pled guilty to distributing heroin. At Perez’s sentencing hearing, the judge expressed concern that the guidelines range of 33–41 months’ imprisonment did not reflect the full scope of his drug trafficking. The PSR described conduct that suggested that Perez was responsible for distributing large quantities of heroin, methamphetamine, and cocaine. The judge continued the hearing, directing the government to file a memorandum, detailing which offense conduct it could support by a preponderance of the evidence. When the hearing reconvened, the government presented witness testimony that elaborated on conduct described in the PSR, including drug ledgers, Perez’s post-arrest conversation with his girlfriend, large sums of cash, a money counter, cell phones, and Perez’s passport. The judge calculated a higher guidelines range and imposed a 121-month sentence.
The Seventh Circuit affirmed, rejecting an argument that the sentencing judge should have recused himself. Perez has not demonstrated that a reasonable observer would have questioned the judge’s impartiality nor did he allege that the judge was biased based on events outside the proceedings. The judge’s continuance was laudable, not prejudicial.
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