U.S. v. Cruz

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 08-4194
Decision Date: 
February 11, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 10-year mandatory-minimum sentence on drug conspiracy charge even though defendant argued that he was entitled to 18-month deduction in sentence where defendant had previously served 18-month sentence on state drug offense that formed part of relevant conduct at issue in instant federal case. Statute under which defendant was sentenced (i.e., 18 USC section 841(b)(1)(A)) requires that offenders by sentenced to at least 10 years, and defendant failed to qualify for any exception to said statute. Moreover, defendant could not receive concurrent sentencing treatment in federal case based on discharged sentence in state conviction.