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United States v. Renee Perillo
897 F.3d 878
| 7th Cir. | 2018
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Background

  • 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)
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Case Details

Case Name: United States v. Renee Perillo
Court Name: Court of Appeals for the Seventh Circuit
Date Published: Jul 30, 2018
Citation: 897 F.3d 878
Docket Number: 17-3436
Court Abbreviation: 7th Cir.