Seventh Circuit: USA v. Jesus Beltran-Leon

For purposes of the sentencing factor, torture by arresting third-party state isn't sufficient basis to justify lack of cooperation with US investigations.

Proceedural explanation of sentence was sufficient; there is no need to march through all the different staturory factors and arguments.

Explanation of sentence was sufficiently comprehensive to dispel the suggestion that discussions of ethnicties shared with the judge impermissibly factored into sentencing.

Lack of contemporaneous objection forfeited claim that judge based sentence in part on a news report of country conditions that was outside the record and not made available to the parties.

Court's invitation to the deft to testify at sentencing as to the contents of an affidavit did not create a presumption of adverse inference when deft refused to take stand.

No plain error in judge's non-recusal after discussion of shared ethnicity.


http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2021/D08-13/C:19-2615:J:Rovner:aut:T:fnOp:N:2747532:S:0