United States v. Ernesto Rodriguez

DUHÉ, Circuit Judge:

Ernesto Rodriguez appeals the district court’s refusal to apply the “safety valve” provision of 18 U.S.C. § 3553(f) so that he could escape the ten year mandatory minimum sentence of 21 U.S.C. 841(b)(1)(A). In this appeal, we address whether a defendant’s statement to a probation officer satisfies the fifth requirement of § 3553(f). Because we answer that question in the negative, we affirm.

BACKGROUND

Rodriguez pled guilty to conspiracy to possess with intent to distribute in excess of five kilograms of cocaine under 21 U.S.C. §§ 841(a)(1), 846. Under the Sentencing…