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7th Circuit orders lower court to consider a minor participant reduction

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The 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court needs to determine whether the man should receive a minor participant reduction since he only transported money one time.

A jury convicted Cruz Saenz, a long-haul truck driver, of conspiring to distribute more than 5 kilograms of cocaine. Saenz was recruited by a cocaine drug ring to transport money owed for drugs that had been fronted. Saenz knew he was picking up the drug money for transport, but didn’t know how much was in the duffle bag. It was the only time he participated with the cocaine distribution network. He was arrested soon after.

The District Court sentenced him to 293 months in prison. He was required to have a minimum 240 months in prison because of a previous felony drug offense, and the court found he was involved in the conspiracy beyond the single incident and denied his request for a minor participant reduction.

But there was no evidence in the record Saenz had any other involvement beyond the one-time transport of the money, the Circuit Court judges found in United States of America v. Cruz Saenz, No. 09-3647. The lower court said he was a “major participant” in the conspiracy, and that he was more than just a courier, but those findings were without supporting evidence.

The minor participant determination is heavily fact-dependent and the question is whether Saenz is less blameworthy than the average defendants in this conspiracy. The judges noted that his sentence is “all the more staggering” when compared to those received by the other co-conspirators. Of those who had been sentence at the time of oral arguments, only one other person received a longer sentence. Others who had transported cocaine and money between Texas and Indiana received sentences of 70 and 78 months. The man who coordinated the operation from Indianapolis received 144 months, although he had cooperated and testified at Saenz’s trial, wrote Judge Ann Claire Williams.

Saenz is also the only defendant who didn’t receive a reduction pursuant to U.S.S.G. Section 5K1.1, in which a defendant has provided “substantial assistance” to an investigation. Granted, a courier who transports drug money once may not be able to offer substantial assistance, but the Circuit judges didn’t know whether the reduction was offered to him before he made the decision to go to trial.

They remanded for the District Court to determine if Saenz should receive a minor participant reduction, which would reduce his offense level by 2. The judges also rejected his speedy trial challenge as the majority of the delays can be attributed to Saenz or his co-conspirators. They also affirmed the obstruction of justice enhancement because the record supports the finding that he willfully lied when he said he didn’t know he was transporting drug money.
 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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