Dist. Ct. did not err in sentencing defendant to statutory minimum 10-year sentence on drug distribution charge, even though defendant argued that he qualified for “safety-value” provision set forth in 18 USC section 3553(f), which would allow Dist. Ct. to impose lower sentence. Section 3553(f) requires, among other things, that defendant not use violence or credible threats of violence in connection with charged offense, and record showed that defendant did not qualify for safety-valve treatment, where defendant’s actions, in traveling at high rate of speed between 45 and 65 miles per hour in 25-mile per hour residential area that resulted in collision with police car in attempt to evade arrest on instant charge, involved use or threat of force.
Federal 7th Circuit Court
Criminal Court
Sentencing