Appeals Court Upholds Eight-Year Prison Sentence For Man Who Involved Children In Drug Trafficking

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals today affirmed the 96-month prison sentence imposed by Senior U.S. District Court Judge Richard P. Conaboy on Carlos Cruz, age 49, who used three of his children to help him distribute heroin and cocaine in Monroe and Wayne Counties during 2011-2014.

According to United States Attorney Bruce D. Brandler, Cruz, who resided in Wayne and Monroe Counties at the time of the offense and later moved to Florida, claimed on appeal that Judge Conaboy should have imposed a lesser sentence based on certain of Cruz’s personal characteristics.

In affirming the sentence, the Third Circuit Court rejected Cruz’s arguments and noted that Judge Conaboy appropriately considered the relevant sentencing factors in imposing a sentence in the middle of the applicable guideline range.

The Third Circuit Court noted that Judge Conaboy appropriately “highlighted the distinct role that Cruz played in the illicit enterprise.” “Cruz,” noted the Court, “was the leader of the criminal activity, and his co-defendants were his children.” Judge Conaboy, the Third Circuit Court further noted, “explained that Cruz had taught his family to disrespect the law.”

Cruz previously pleaded guilty to conspiring with his children and others from Monroe and Wayne Counties, to distribute heroin and cocaine. Brandon Cruz, Tiffanyann Cruz, and Rubie Cruz also pleaded guilty to participating in the conspiracy.

The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, the Wayne County District Attorney’s Office, and Pocono Mountain Regional Police. Assistant United States Attorney Francis P. Sempa prosecuted the case and handled the appeal.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

# # #