United States v. Stacy Harden, Jr.

ROVNER, Circuit Judge.

Stacy Lee Harden, Jr., pled guilty to possessing with intent to distribute five kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to the mandatory minimum imposed by the statute of 10 years’ imprisonment and 5 years’ supervised release. In imposing that sentence, the court rejected Harden’s argument that the “safety valve” provision in 18 U.S.C. § 3553(f) applied to him, which would allow the court to impose a sentence beneath the mandatory minimums.' Harden now appeals that determination to this court.

In October 2010, the Drug…