Whether the 'and' in 18 U.S.C. §3553(f)(1) means 'and' or 'or'

QUESTION PRESENTED Section 3553(f) of Title 18, U.S. Code, is the “safety valve” which can allow a defendant to receive a sentence less than the statutory mandatory minimum in some circumstances. Section 3553(f)(1) creates a list of three disqualifying conditions: (A) having more than four points, (B) having a three-point offense, and (C) having a violent two-point offense. The question presented is whether the ‘and’ in 18 U.S.C. §3553(£)(1) means ‘and,’ so that a defendant satisfies the provision so long as he does not have (A) more than 4 criminal history points, (B) a 3-point offense, and(C) a 2-point offense, or whether the ‘and’ means ‘or,’ so that a defendant satisfies the provision so long as he does not have (A) more than 4 criminal history points, (B) a 3-point offense, or (C) a 2-point offense. This issue is currently before this Court in at least two petitions for writs of certiorari: Pulsifer v. United States, Case Number 22-340 and Palomares v. United States, Case Number 21-40247. Both of these petitions appear to have been fully briefed by the parties and distributed for a Court conference on February 17, 2023. The Court should hold this petition for writ of certiorari pending its determination whether to grant certiorari in Pulsifer and Palomares. il