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News (Media Awareness Project) - US NY: Drug Convict's Sentence Cut By 210 Years
Title:US NY: Drug Convict's Sentence Cut By 210 Years
Published On:2002-04-24
Source:Buffalo News (NY)
Fetched On:2008-01-23 11:55:18
DRUG CONVICT'S SENTENCE CUT BY 210 YEARS

A 23-year-old convicted drug dealer from Buffalo had his prison term
reduced by more than two centuries Tuesday afternoon by U.S. District Judge
Richard J. Arcara.

But Luis "Danny" Cruz still faces 30 years behind bars, and his supporters
view his case as a classic illustration of the harsh nature of federal
sentencing guidelines in drug cases.

"We're very thankful that the judge took action to reduce this young man's
prison term by 210 years," said the convict's attorney, Rodney O.
Personius. "I still think this case shows how unfair the sentencing
guidelines can be for people convicted of drug crimes. Thirty years is
still a long time."

Critics of the sentencing guidelines observed that many local white-collar
criminals - including corrupt cops and politicians, and con artists
convicted of stealing the lifetime savings of senior citizens - have
received much shorter sentences in the same courthouse.

"I certainly think the guidelines are skewed when it comes to
unsophisticated drug criminals like Danny Cruz," Personius said.

Cruz, a former West Side cocaine pusher with a history of violence, was
convicted of six felony drug charges in late 1998. In January 2000, he was
sentenced to 240 years by Arcara, who noted at the time that he was
following the sentencing guidelines that are uniform in the federal court
system.

Cruz was resentenced Tuesday because two of the most serious convictions
against him were overturned in the appeals courts.

Again, under the guidelines, Arcara could have sent Cruz to prison for
anywhere from 30 to 80 years. The courtroom spectators section was packed
with friends and family members of Cruz.

Arcara said he is impressed by Cruz's efforts to rehabilitate himself in
prison and by his refusal to blame anyone but himself for his legal problems.

But the judge also said he is astonished that anyone would become involved
with drug trafficking, considering the harsh penalties directed by the
sentencing guidelines.

"People are being arrested for drug crimes and going off to prison. They're
disappearing for incredibly long amounts of time," Arcara said. "And their
friends don't seem to notice. They keep dealing drugs."

"I solely take the blame for the past," Cruz said. "If I had the
opportunity to change the past, I would. . . . I was ignorant and
immature." Since his arrest in 1998, Cruz noted, he has earned a high
school equivalency diploma in prison, has taken part in drug counseling and
is studying to someday become a dental technician.

"He seems to have changed dramatically," Arcara said. "It's unfortunate
that somebody didn't grab hold of him at an earlier point in time."

Cruz's mother and aunt declined to comment after the sentencing. A family
friend, who declined to give his name, said he was thankful that Arcara cut
210 years off Cruz's sentence.

"But 30 years is a lot. . . . I was hoping it could be a lot less," the
friend said.
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