US v. Cruz, No. 08-4194

In a conviction of defendant for conspiring to sell illegal drugs, 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.   

Read US v. Cruz, No. 08-4194

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided February 11, 2010

Judges

Before: Bauer, Posner, and, Kanne, Circuit Judges

Opinion by Circuit Judge  Posner