Michael Wayne Haley was arrested for stealing a calculator from Walmart in 1997. Because Haley had two prior convictions for theft, as well as prior felony convictions for delivery of a controlled substance and attempted robbery, he was sentenced as a habitual offender under Texas law to sixteen and a half years in prison. It later came to light that Haley's robbery offense occurred three days before his conviction on the controlled substance charge was finalized, so the habitual offender statute might not have applied. The habitual offender issue was discovered after Haley had exhausted his appeals. As Solicitor General, Cruz declined to vacate the sentence saying "I think justice is being done because he had a full and fair trial and an opportunity to raise his errors. " The Supreme Court later remanded the case to lower courts based on Haley's ineffective assistance of counsel claim. During oral argument, Cruz conceded that Haley had a very strong argument for ineffective assistance of counsel since Haley's attorney failed to recognize the sentencing error and that he would not move to have Haley re-incarcerated during the appeal process. After remand, Haley was re-sentenced to "time served".