Nonami Palomares v. United States
JusticiabilityDoctri
Whether a defendant is ineligible for relief from a mandatory minimum sentence if her criminal history runs afoul of any one of the disqualifying criteria in 18 U.S.C § 3553(f)(1), or is ineligible only if her criminal history runs afoul of all three disqualifying criteria
QUESTION PRESENTED Pursuant to the “safety-valve” provision of the federal sentencing statute, a defendant convicted of certain nonviolent drug crimes can obtain relief from statutory mandatory minimum sentences if, among other things, her criminal history satisfies criteria in 18 U.S.C § 3553(f)(1): she “does not have—(A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; (B) a prior 3point offense, as determined under the sentencing guidelines; and (C) a prior 2-point violent offense, as determined under the sentencing guidelines” (emphasis added). The question presented is whether a defendant is ineligible for relief from the mandatory minimum if her criminal history runs afoul of any one of the disqualifying criteria in subsections (A), (B), or (C), or is ineligible only if her criminal history runs afoul of all three disqualifying criteria, i.e., subsections (A), (B), and (C)?