Whether the government, instead of the individual, is required to prove at least one safety-valve fact beyond a reasonable doubt pursuant to Alleyne-v-United-States and Mullaney-v-Wilbur in order to apply the mandatory minimum under the federal-drug-statute

QUESTION PRESENTED FOR REVIEW The “safety valve,” 18 U.S.C. § 3553(f) is a federal statute that, in combination with the federal drug statute, 21 U.S.C. § 841, determines whether a mandatory minimum sentence applies. Currently, when the government proves an individual possessed a certain quantity of drugs, the individual is subject to a set mandatory minimum. The burden then shifts to the individual, however, to prove that he acted with minimal culpability under the safety valve. If the individual can so prove, he is sentenced with no mandatory minimum. Because the safety valve sets forth facts determinative of a mandatory minimum, is the government, instead of the individual, required to prove at least one safety valve fact beyond a reasonable doubt pursuant to Alleyne v. United States, 570 U.S. 99 (2013) and Mullaney v. Wilbur, 421 U.S. 684 (1975) in order to apply the mandatory minimum? ii