United States v. Renee Perillo
897 F.3d 878
| 7th Cir. | 2018Background
- Renee Perillo pleaded guilty to conspiracy to kidnap (18 U.S.C. § 1201(c)) and commissioning a murder-for-hire (18 U.S.C. § 1958) after being arrested in an SUV with weapons, a paralytic, and other suspicious tools while hiding in a victim’s vehicle.
- After release on bond she fled, was later arrested, placed in a cell with Lisa Ramos (a jailhouse contact who later worked with the FBI), and then contacted an undercover agent to arrange the murder; she also mailed a detailed letter describing the intended victim and suggesting how the killing should appear.
- Perillo entered a plea agreement admitting key facts, including sending the letter and adopting portions written by Ramos; the plea included a broad appellate-waiver conditioned on receiving a guideline sentence.
- Two weeks later Perillo sought to withdraw her plea, claiming coercion by counsel, vulnerability due to medication, and entrapment by Ramos; she offered no sworn evidence and contradicted her Rule 11 colloquy testimony.
- The district court denied the motion to withdraw (finding no fair and just reason under Fed. R. Crim. P. 11(d)(2)(B)) and sentenced Perillo to guideline prison terms and ordered $74,848.71 restitution.
- On appeal Perillo challenged the denial of plea withdrawal and the restitution order; the Seventh Circuit dismissed the appeal as barred by Perillo’s valid, knowing, voluntary appellate waiver.
Issues
| Issue | Plaintiff's Argument (Perillo) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether the denial of Perillo’s motion to withdraw her guilty plea is appealable given the plea waiver | Perillo argued her plea was not knowing/voluntary because counsel coerced her, she was vulnerable (medication), and she learned of entrapment defense only after pleading | The government argued Perillo expressly waived appeal rights in a broad written waiver that covered appeals of the conviction and any sentence within the guideline range | Waiver enforced; Perillo’s challenge to the plea withdrawal falls within the waiver and was knowingly and voluntarily made, so appeal dismissed |
| Whether the restitution order is appealable given the plea waiver | Perillo challenged the restitution award (claimed insufficient documentation for lost income; objected to vehicle valuation) | Government: restitution is part of the sentence and falls within the broad waiver for any sentence within the guideline range | Waiver enforced; restitution is part of the sentence and was waived, so appeal dismissed |
Key Cases Cited
- United States v. Sakellarion, 649 F.3d 634 (7th Cir. 2011) (valid, enforceable appellate waivers must be enforced)
- United States v. Alcala, 678 F.3d 574 (7th Cir. 2012) (scope and enforceability framework for appellate waivers; waiver can bar appeal of plea-withdrawal denial)
- United States v. McGuire, 796 F.3d 712 (7th Cir. 2015) (a guilty-plea appeal waiver bars appeal of denial of motion to withdraw plea)
- United States v. Worden, 646 F.3d 499 (7th Cir. 2011) (restitution is part of a criminal sentence and can be waived via plea agreement)
- United States v. Behrman, 235 F.3d 1049 (7th Cir. 2000) (broad appeal-waiver language can encompass restitution challenges)
- United States v. Groll, 992 F.2d 755 (7th Cir. 1993) (discusses when an evidentiary hearing on entrapment may be required; distinguished where defendant offers no record evidence supporting entrapment)
- Jacobson v. United States, 503 U.S. 540 (Supreme Court 1992) (revitalized entrapment defense principles)
