Whether a defendant is ineligible for relief from a mandatory minimum sentence if his criminal history runs afoul of any one of the disqualifying criteria, or is ineligible only if his criminal history runs afoul of all three disqualifying criteria

QUESTION PRESENTED Pursuant to the “safety-valve” provision of the federal sentencing statute, a defendant convicted of certain nonviolent drug crimes can obtain relief from statutory mandatory minimum sentences if, among other things, his criminal history satisfies criteria in 18 U.S.C § 3553(f)(1): he “does not have— (A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; (B) a prior 3-point offense, as determined under the sentencing guidelines; and (C) a prior 2point violent offense, as determined under the sentencing guidelines” (emphasis added). The question presented is whether a defendant is ineligible for relief from the mandatory minimum if his criminal history runs afoul of any one of the disqualifying criteria in subsections (A), (B), or (C), or is ineligible only if his criminal history runs afoul of all three disqualifying criteria, i.e., subsections (A), (B), and (C)? 1