United States v. Perillo

The husband of the attorney representing the ex-wife of Perillo’s boyfriend called 911. Perillo was arrested in possession of multiple weapons and disguises while hiding in the caller’s SUV. Perillo was released on bond and fled. After she was re-arrested, her cellmate cooperated with the FBI in setting up a “sting” in which Perillo hired a hitman (undercover agent) to kill the attorney. She pleaded guilty to conspiracy to commit kidnapping, 18 U.S.C. 1201(c), and to commissioning a murder for hire, 18 U.S.C. 1958. Before sentencing, Perillo moved to withdraw her plea. The court denied Perillo’s motion and sentenced her to concurrent terms of 324 months for conspiracy to kidnap and 120 months for commissioning a murder for hire and ordered Perillo to pay $75,000 in restitution. The Seventh Circuit dismissed her appeal. Perillo’s plea agreement included a valid appellate waiver. The fact that other specific terms of the sentence were mentioned and restitution was not mentioned does not remove restitution from the “all provisions” language. To enter a knowing and voluntary plea, Perillo did not need to know of every defense theoretically available to the charges. She needed to know only the defenses that she could plausibly raise, given the nature of the charges and the evidence against her. Entrapment was not such a defense for Perillo. View "United States v. Perillo" on Justia Law