ILNews

7th Circuit again reverses drug sentence for minor role reduction

Back to TopCommentsE-mailPrintBookmark and Share

A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.

Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana sentenced Cruz Saenz to 252 months in prison on remand from the 7th Circuit, which in 2010 vacated his sentence of 293 months and remanded  because there was no evidence to support denial of a minor role reduction under U.S. Sentencing Guidelines Section 3B1.2

The panel ruled in U.S. v. Cruz Saenz, 07-CR-125,  that Saenz was entitled to another resentencing. “The district court did not compare Saenz’s culpability to that of the average member of the conspiracy, which was error,” the court ruled.

“Because of the error, and because it is not clear that Saenz would have received the same 252-month sentence had the minor role reduction been applied, we vacate his sentence and remand.”

Saenz was involved with other co-defendants in a cocaine smuggling network based in Mexico, whose Texas operators arranged to ship the drugs to Indianapolis. Saenz was arrested after he transported $500,000 in drug money to Texas, and a jury convicted him of conspiring to distribute more than 5 kilograms of cocaine.

In his second sentence appeal, the 7th Circuit emphasized that there was no evidence Saenz touched drugs or participated in deals, and that it was incumbent on the District Court in sentencing to measure his culpability against others who, with one exception, received far lesser sentences. Saenz, however, is required to have a minimum sentence of 240 months in prison due to a prior felony drug offense.

“However the district court wishes to determine whether the minor role reduction applies, it must make some explicit or implicit finding concerning the culpability of the average member of the conspiracy,” the court ruled. “Next the district court should determine what might represent the culpability of the average member of the conspiracy and then compare it to Saenz’s culpability.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT