Sentencing Guidelines Calculation

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7^th Circuit Court of Appeals

Case Name: United States of America v. Michael Tovar

Case No.: 22-3024

Officials: Flaum, Brennan, and Kirsch, Circuit Judges.

Focus: Sentencing Guidelines Calculation

Michael Tovar was convicted of multiple drug and firearm charges, receiving a 101-month prison sentence. Tovar appealed, raising three issues: one related to his attempt to retract his guilty plea for firearm charges and two addressing the computation of his sentence.

Tovar had engaged in the sale of cocaine to a confidential source on two occasions and was apprehended with cocaine and a substantial amount of cash. A subsequent search of his residence uncovered additional cash, a firearm, ammunition, and additional drugs. While Tovar initially pleaded guilty to all charges, he later sought to withdraw his guilty plea for possessing a firearm in connection with a drug trafficking offense, contending that his counsel had rendered ineffective assistance. The district court dismissed these motions but replaced his counsel in the case.

Additionally, Tovar contested the district court’s calculation of his sentence, which included a “controlled substance offense” enhancement based on his prior Illinois cannabis conviction. The court also converted the cash found on Tovar and in his residence into its equivalent marijuana weight, suspecting it to be drug proceeds.

The Seventh Circuit upheld the district court’s decision. It determined no error in rejecting Tovar’s motions to withdraw his guilty plea and in the computation of his sentence, including the application of the “controlled substance offense” enhancement and the conversion of cash to its equivalent marijuana weight. The court further affirmed that the district court was correct in denying Tovar’s request for an evidentiary hearing on his motion to withdraw the guilty plea.

Affirmed.

Decided 12/18/23

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