Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Stacy Lee Harden, Jr.

Case No.: 16-1227

Officials: EASTERBROOK, ROVNER, and SYKES, Circuit Judges.

Focus: Sentencing Guidelines

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.

Harden filed an earlier appeal in this case, and we granted his request to vacate his guilty plea as improperly taken by a magistrate judge. United States v. Harden, 758 F.3d 886 (7th Cir. 2014). On remand, he again entered a guilty plea, but without a plea agreement. With a total offense level of 29 and criminal history category I, and a reduction for acceptance of responsibility, the Guidelines range was 87–108 months but with a statutory minimum of 10 years which the district court imposed. Harden raises only one challenge to his sentence—that the court erred in determining that he was not eligible for the “safety valve” in § 3553(f).

Here, the district court did not err in holding that Harden’s action constituted acts of violence or the threat of violence. Accordingly, the district court did not err in holding that the safety valve was inapplicable.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.