United States v. Stacy Harden, Jr.
2017 U.S. App. LEXIS 14498
| 7th Cir. | 2017Background
- Harden pled guilty to possession with intent to distribute 5 kg of cocaine; district court imposed the statutory 10-year mandatory minimum sentence.
- DEA observed Harden leaving residences, followed him, and initiated a traffic stop; Harden fled at high speed through a residential area at about 5:30 pm and discarded nearly 2 kg of cocaine during the chase.
- Officers pursuing Harden reached speeds near 65 mph in a 25 mph zone; Harden made an abrupt U-turn into a parking lot, causing a collision with a pursuing agent’s vehicle, and was uncooperative upon arrest.
- At sentencing the Probation Office and district court concluded Harden was ineligible for the § 3553(f) “safety valve” because his conduct involved the use or threat of violence under § 3553(f)(2).
- Harden argued “use of violence” requires active employment of force (e.g., intentionally striking someone) and that his flight was merely an attempt to escape, not a use or threat of violence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Harden’s high‑speed flight and resulting collision constitute "use of violence or credible threats of violence" under 18 U.S.C. § 3553(f)(2) | Harden: "Use of violence" requires active, purposeful employment of force (e.g., intentionally striking someone); his conduct was an escape, not violent use or threat | Government/District Court: High‑speed vehicular flight in a residential area and the U‑turn collision used a vehicle as a deadly weapon and communicated a threat; collision was actual application of force | Court affirmed: flight and collision constituted use or threat of violence, so safety valve inapplicable |
Key Cases Cited
- Bailey v. United States, 516 U.S. 137 (interpretation of "use" of a firearm includes firing or attempting to fire)
- Sykes v. United States, 564 U.S. 1 (vehicular flight can constitute a violent felony under a risk‑of‑injury analysis)
- Johnson v. United States, 135 S. Ct. 2551 (invalidated ACCA residual clause; clarified limits of categorical residual‑risk analysis)
- United States v. Anglin, 846 F.3d 954 (7th Cir.) (conduct that creates fear of injury can constitute use/threat of force)
- United States v. Armour, 840 F.3d 904 (7th Cir.) (intimidation by words or actions can amount to a threat of force)
- Scott v. Harris, 550 U.S. 372 (high‑speed flight can present an actual and imminent threat to lives of bystanders and officers)
- Plumhoff v. Rickard, 134 S. Ct. 2012 (high‑speed chase posed threat to bystanders; force justified in context)
- Brosseau v. Haugen, 543 U.S. 194 (vehicular flight may create imminent threat of serious physical harm depending on facts)