No. 23-5304

Jaquantious Hutchison v. United States

Lower Court: Fifth Circuit
Docketed: 2023-08-09
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: criminal-history federal-sentencing mandatory-minimum safety-valve sentencing-guidelines statutory-construction statutory-interpretation
Key Terms:
Securities Immigration
Latest Conference: 2024-03-22 (distributed 2 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTION PRESENTED The Safety Valve provision, 18 U.S.C. § 3553(f), instructs district courts to sentence under the guidelines without regard to any statutory mandatory minimum in certain cases. Along with four other requirements, a defendant satisfies § 3553(f)(1), as amended, if he “does not have—(A) more than four criminal history points, excluding any criminal history points resulting from a 1-point offense ...; (B) a prior 3point offense ...; and (C) a prior 2-point violent offense .” 18 U.S.C. § 3553(f)(1) (emphasis added). The question presented is whether the “and” in § 3553(f)(1) is conjunctive, so that a defendant satisfies that provision as long as he does not meet the criteria in (A), (B), and (C), or whether the “and” means “or,” so that a defendant satisfies that provision only if he does not meet the criteria in (A) or (B) or (C)? i

Docket Entries

2024-03-25
Petition DENIED.
2024-03-18
DISTRIBUTED for Conference of 3/22/2024.
2023-09-28
DISTRIBUTED for Conference of 10/13/2023.
2023-09-08
Memorandum of respondent United States filed.
2023-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2023)

Attorneys

Jaquantious Hutchison
Gregory James DuBoffMcGuireWoods LLP, Petitioner
Gregory James DuBoffMcGuireWoods LLP, Petitioner
United States of America
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent