ILNews

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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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