United States v. Hart

MEMORANDUM OPINION IN AID OF SENTENCING

SPORKIN, District Judge.

On May 20, 1994 the defendant, Darius Hart pled guilty to distribution of 50 grams or more of cocaine base, 21 U.S.C. § 841(a)(1) and 841(b)(1)(A). This Court sentenced the defendant to 78 months in prison on November 7, 1994.

The statutory minimum penalty for the offense the defendant pled guilty to is 10 years. 21 U.S.C. § 841(b)(1)(A). The Court found that the statutory minimum did not apply to Mr. Hart because he was entitled to the recently enacted “safety valve” provision, which applies to offenses under 21 U.S.C. § 841. See…