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United States Seventh Circuit


US v. Cruz, 08-4194

Sentence for conspiracy to sell illegal drugs is affirmed where the district court did not err in imposing a 10-year mandatory minimum sentence as, although defendant had served 18 months in state prison for a state drug offense that parties agree was relevant conduct in the federal prosecution, there is no concurrent sentence and cannot be one when the defendant is no longer subject to an undischarged term of imprisonment.

Appellate Information

  • Argued 01/26/2010
  • Decided 02/11/2010
  • Published 02/11/2010

Judges

  • POSNER, Circuit Judge., Before BAUER, POSNER, and KANNE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Stephen A. Kubiatowski, Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Johanna M. Christiansen, Attorney, Richard H. Parsons, Attorney Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.
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