Perrone v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his 240-month term of incarceration on drug distribution charge, where: (1) said sentence was based, in part, on statutory sentencing enhancement that applied when death of victim resulted in ingestion of drugs distributed by defendant; (2) on day before sentencing on said charge, Seventh Circuit, in Hatfield, 591 F.3d 945, found that instant “death results” enhancement required govt. to prove that ingestion of defendant's drugs was “but-for” cause of death; (3) he would not have pleaded guilty to said charge or admitted that drugs he sold victim was “but-for” cause of victim’s death because he was “innocent“ of said enhancement under Hatfield standard; and (4) his counsel was ineffective for failing to address causation issue in light of Hatfield. Defendant’s assistance of counsel claim was untimely, since habeas petition was filed beyond applicable one-year period for doing so. Moreover, while death causation issue was timely filed, because habeas petition was filed within one year of Supreme Ct. decision in Burrage, 134 S.Ct. 881, which essentially mirrored Hatfield decision on death causation issue, record showed that defendant’s cocaine was but-for cause of victim’s death, where: (1) defendant admitted to distributing 7.5 grams of cocaine to victim in deliberate attempt to kill her; (2) defendant personally injected 7.5 grams of cocaine in effort to kill victim; and (3) victim died immediately after he injected her with said lethal dose of cocaine.