Whether 'and' means 'and' for the purposes of 18 U.S.C. § 3553(f)(1)

Question Presented The federal sentencing statute contains a “safety valve” that protects defendants from mandatory minimum sentences if they meet certain criteria. 18 U.S.C. § 3553(f). A recent amendment to that statute has changed the first criterion — § 3553(f)(1) — to include a three-part conjunctive negative proof, disqualifying a defendant only if he has A, B, and C. While the Ninth Circuit has held that the “and” means “and,” the Seventh and Eighth Circuits have held that “and” means “or.” Whether “and” means “and” for the purposes of 18 U.S.C. § 3553(6)(1). ]