Conviction for conspiracy to distribute cocaine affirmed but sentence vacated and remanded

US v. Saenz, 09-3647, concerned a challenge to a conviction of defendant for conspiracy to distribute more than 5 kilograms of cocaine, and imposition of a 293-month sentence.  In affirming in part, the court held that defendant’s Sixth Amendment right to speedy trial was not violated as the length of the delay was not extreme for a complex multi-defendant conspiracy case.  The court also afformed where there was no error in the district court’s decision to impose an obstruction of justice enhancement as defendant willfully lied at trial about his knowledge of the money’s nature.  However, the court vacated and remanded defendant’s sentence for the district court to determine whether the defendant should receive a minor participant reduction in light of the fact that the record supports that his involvement in the conspiracy was only on a single occasion.

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Read the Seventh Circuit’s Full Decision in US v. Saenz, 09-3647

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