US v. De La Cruz, No. 22-1189 (1st Cir. 2024)
Annotate this CaseJames De La Cruz was indicted for conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin and 400 grams or more of fentanyl. He pleaded guilty to both counts and was subsequently sentenced to 108 months in prison. De La Cruz appealed the sentence, arguing it was substantively unreasonable. The United States Court of Appeals for the First Circuit reviewed the case and affirmed the lower court's decision. The court noted that the sentence was within the properly calculated sentencing guideline range and considered the dangerous nature of fentanyl, the large quantity involved in the transaction, and De La Cruz's role as a manager in the drug trafficking organization. Moreover, the court rejected De La Cruz's argument that his sentence was disproportionate to sentences for violent crimes and that he was unfairly punished for the potential harm caused by the drugs, not actual harm. The court also dismissed his claim of sentencing disparity with a co-defendant, noting that De La Cruz and his co-defendant were not identically situated. Lastly, the court found that the district court did not abuse its discretion in considering deterrence when determining De La Cruz's sentence.
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