889 F.3d 898
7th Cir.2018Background
- Joseph Perrone injected Terry Learn with 7.5 grams of cocaine; Learn convulsed and died shortly thereafter. Perrone later admitted he intended to kill her and moved her body to conceal the death.
- Indicted for unlawful drug distribution under 21 U.S.C. § 841; plea agreement included a stipulation that the distributed drug "caused" Learn’s death, triggering the statutory 20-year mandatory minimum enhancement if death "results from" the distributed drug.
- On the day before sentencing, the Seventh Circuit decided United States v. Hatfield holding the enhancement requires but-for causation; Perrone was sentenced the next day with the enhancement applied and did not appeal.
- The Supreme Court in Burrage v. United States later confirmed the enhancement ordinarily requires but-for causation; Perrone filed a § 2255 petition claiming actual innocence of the enhancement under Burrage and ineffective assistance for counsel’s failure to raise Hatfield.
- The district court denied relief; the Seventh Circuit affirmed, holding Perrone failed to show it is more likely than not that no reasonable juror would have found but-for causation, and his ineffective-assistance claim was time-barred.
Issues
| Issue | Perrone's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Burrage's but-for causation standard renders Perrone actually innocent of the "death results" enhancement | Perrone: Burrage narrows the element, and under but-for standard evidence is insufficient to show his cocaine caused Learn’s death | Gov: Treat the enhancement as a sentencing factor judged by a preponderance (judge), and Perrone procedurally defaulted | Held: Enhancement is an element per Burrage; review under Schlup standard — Perrone failed to show it is more likely than not that no reasonable juror would find but-for causation; claim denied |
| Whether evidence could support but-for causation beyond a reasonable doubt | Perrone: Coroner’s report lists combined toxicity; cannot prove Perrone’s cocaine, not prior/co-occurring drugs, was the but-for cause | Gov: Expert Dr. Long testified cocaine was lethal and victim would have lived absent cocaine; Perrone admitted injecting a large dose and intent to kill | Held: A reasonable juror could credit government evidence (admission and expert testimony); Perrone did not meet Schlup burden |
| Whether counsel was constitutionally ineffective for not informing Perrone of Hatfield before sentencing | Perrone: Counsel's failure prevented him from withdrawing plea because he did not know the enhancement required but-for causation | Gov: Even assuming deficient performance, claim is untimely under § 2255(f); and Perrone cannot show prejudice | Held: Ineffective-assistance claim is barred by the one-year statute of limitations and would likely fail on prejudice/practicality grounds |
| Whether Perrone was entitled to an evidentiary hearing | Perrone: Sought hearing to develop ineffective-assistance and causation evidence | Gov: Record suffices to resolve claims | Held: District court did not abuse discretion denying a hearing; records and filings conclusively show no relief warranted |
Key Cases Cited
- Burrage v. United States, 134 S. Ct. 881 (2014) (adopts but-for causation as ordinarily required for the "death results" enhancement)
- United States v. Hatfield, 591 F.3d 945 (7th Cir. 2010) (held enhancement requires but-for causation)
- Davis v. United States, 417 U.S. 333 (1974) (a subsequent narrowing of elements can create a miscarriage of justice warranting collateral relief)
- Krieger v. United States, 842 F.3d 490 (7th Cir. 2016) (treated Burrage as substantive and retroactive on collateral review)
- Alleyne v. United States, 570 U.S. 99 (2013) (facts increasing mandatory minimum are elements that a jury must find)
- Schlup v. Delo, 513 U.S. 298 (1995) (standard for actual innocence gateway: more likely than not that no reasonable juror would convict)