United States v. Cruz, No. 14-1992 (7th Cir. 2015)
Annotate this CaseCruz pleaded guilty to distributing heroin, 21 U.S.C. 841(a)(1), and was sentenced within the guidelines range to 160 months’ imprisonment. Cruz argued on appeal that the court erred in failing to consider his mitigating arguments about the nature and circumstances of his offense, his cooperation with the police, and his family background. The Seventh Circuit affirmed. The judge found that Cruz’s cooperation merited some consideration, but did not warrant a below-guidelines sentence because Cruz never followed through on his promise to testify against his uncle. The court also considered Cruz’s difficult upbringing, but noted that a difficult childhood was not an excuse for committing crimes as an adult. The court stated that his absence from his three children and his ill grandmother would not cause “any out of the ordinary hardship” and explained that the sentence was necessary to deter Cruz from future criminal activity, emphasizing Cruz’s continued criminal behavior despite many opportunities to learn from past mistakes. The judge noted that Cruz committed the offense just six months after being released from prison for another drug crime. The resulting prison sentence is therefore presumed reasonable. Cruz did not rebut this presumption
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