Whether a defendant must meet certain criminal history criteria to qualify for 'safety-valve' sentencing relief under 18 U.S.C. 3553(f)(1)

QUESTION PRESENTED Whether, in order for a defendant to satisfy the prerequisite for “safety-valve” sentencing relief in 18 U.S.C. 3553(f)(1), a court must find that the defendant does not have more than 4 criminal history points (excluding any criminal history points resulting from a 1-point offense); does not have a prior 3-point offense; and does not have a prior 2-point violent offense. (1)