U.S. v. Saenz

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3647
Decision Date: 
October 13, 2010
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed and vacated in part and remanded
In prosecution on drug conspiracy charge involving large number of drug sales, defendant was entitled to new sentencing hearing after Dist. Ct. sentenced defendant to 293-month term of incarceration even though record showed that defendant performed drug courier services on behalf of conspiracy on only one occasion. Remand was required for determination as to whether defendant was entitled to minor participant reduction under section 3B1.2 of USSG where Dist. Ct.'s denial of defendant's request for said reduction was based on information that defendant had greater participation in conspiracy, which was not contained in record.