IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
March 9, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
RUBEN SANCHEZ, ETC., DEFENDANT.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
This Court has received from counsel for the parties a draft Plea Agreement ("Agreement"), which they have advised is contemplated to lead to a change of plea by defendant Ruben Sanchez ("Sanchez") on April 5, 2007.*fn1 This memorandum is issued sua sponte to pose a question that the parties will be expected to address at or before the contemplated change-of-plea date.
Agreement ¶7 sets out some assertedly "relevant conduct" previously engaged in by Sanchez, to be taken into account in determining the now advisory Sentencing Guideline range applicable to Count One of the indictment (the subject of the expected plea). In that respect our Court of Appeals has recently spoken to the concept of relevant conduct in substantially more restrictive terms than prior caselaw had reflected (United States v. McGowan, No. 06-1546, 2007 WL 601223 (7th Cir. Feb. 28). This Court expresses no ultimate view as to any potential impact of the McGowan decision on the situation in this case, but as stated earlier both the United States Attorney's Office and defense counsel Michael Clancy should be prepared to address that subject.