Wednesday, October 13, 2010
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Cruz Saenz (SD Ind., Barker), an 18-page opinion, Judge Williams writes:
Cruz Saenz received a whopping 293-month sentence for transporting drug money on one single occasion. The district court seemed to think that Saenz was involved in the conspiracy beyond this single incident and denied Saenz’s request for a minor participant reduction as a result. Finding no evidence in the record of any involvement beyond the single transport of money, we remand for the district court to reconsider whether Saenz should receive the minor role adjustment. Saenz also argues that the twenty-month delay between his indictment and trial violated his constitutional right to a speedy trial. Because nearly all of the delay is attributable to continuance requests by Saenz or his co-defendants, we reject the speedy trial challenge. Finally, we find no error in the district court’s imposition of an obstruction of justice enhancement, as it was justified in concluding that Saenz willfully lied at trial about whether he knew the money he was transporting was drug money.
Posted by Marcia Oddi on October 13, 2010 01:40 PM
Posted to Ind. (7th Cir.) Decisions