Did the Fifth Circuit Court of Appeals err by finding that Petitioner did not qualify for safety valve relief under the First Step Act 18 U.S.C. § 3553(f)?

QUESTION PRESENTED Did the Fifth Circuit Court of Appeals err by finding that Petitioner did not qualify for safety valve relief under the First Step Act 18 U.S.C. § 3553(f)? The Court of Appeals in the Ninth Circuit has written an opinion that indicates that Petitioner would qualify for Safety Valve Relief under the new criminal history counting rules in the First Step Act. [US v Lopez, 998 F.3d 2021].