United States v. Forte
Docket: No. 13-1030
Court: Court of Appeals for the Seventh Circuit; October 2, 2013; Federal Appellate Court
Trent Forte negotiated with Miguel Villafuerte to purchase half a kilogram of cocaine and met him in a parking lot at night, where Forte made the payment. Afterward, he picked up the cocaine from one of Villafuerte’s associates. Unbeknownst to Forte, the DEA was monitoring the transaction, leading to agents attempting to stop his car as he fled at high speed. Following a pursuit through traffic, Forte abandoned his vehicle and remained a fugitive until surrendering nearly a year later. He was charged with possession of cocaine with intent to distribute under 21 U.S.C. § 841(a)(1) and subsequently pleaded guilty, receiving a 67-month prison sentence within the guidelines range of 57 to 71 months. Forte's appointed counsel filed a motion to withdraw, asserting that Forte's appeal is frivolous, which Forte has not contested. Counsel's brief did not address the plea’s voluntariness since Forte does not wish to challenge it. The potential issues include the two-level upward adjustment for reckless endangerment during the police chase, as per U.S.S.G. § 3C1.2. Forte had argued against this adjustment, contending that high-speed driving is not inherently reckless. However, the district judge highlighted that Forte's erratic driving created a substantial risk of harm, making any challenge to the adjustment frivolous. Counsel also evaluated whether Forte could contest the reasonableness of his sentence but deemed this unlikely to succeed, given that sentences within the guidelines range are presumed reasonable. The district judge considered various factors, including the seriousness of the offense and Forte's background, before determining the 67-month sentence. Since no valid reasons to contest the presumption of reasonableness were identified, the motion to withdraw was granted, and the appeal was dismissed.