whether-the-trial-judge-must-find-montero-violated-all-conditions-to-be-eligible-for-sentence-reduction

QUESTION PRESENTED FOR REVIEW A defendant is entitled to the safety-valve sentencing provision of 18 U.S.C. §3553(f) unless he violates all three subsections of the statute: (1) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; (2) a prior 3-point offense, as determined under the sentencing guidelines; and (3) a prior 2-point violent offense, as determined under the sentencing guidelines. (emphasis added). The question before this Court is whether the trial judge must find Montero violated all conditions to be eligible for sentence reduction or whether the violation of less than allsubsections prevents safety-valve consideration.