Whether the 'and' in 18 U.S.C. § 3553(f)(1) means 'and' or 'or' for determining eligibility for the 'safety valve' provision

QUESTION PRESENTED FOR REVIEW The “safety valve” provision of the federal sentencing statute requires a district court to ignore any mandatory minimum and instead impose a sentence pursuant to the Sentencing Guidelines if a defendant is convicted of certain nonviolent drug offenses and can meet five sets of criteria. See 18 U.S.C. § 3553(f). The Sentencing Guidelines also include a two-level reduction in certain cases where a defendant is See U.S.S.G. §§ 2D1.1(b)(18), 5C1.2. Congress amended the first set of safety valve criteria—§ 3553(f)(1)—in the First Step Act of 2018, broad criminal justice and sentencing reform legislation designed to provide a second chance for nonviolent offenders. Pub. L. No. 115-391, § 402, 132 Stat. 5194, 5221. A defendant satisfies § 3553(f)(1) if she “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.” 18 U.S.C. § 3553(f)(1) (emphasis added). The question presented is whether the “and” in § 3553(f)(1) means “and,” so that a defendant satisfies the provision so long as il she does not have (A) more than 4 criminal history points, excluding any points resulting from a 1-point offense, (B) a 3-point offense, and (C) a 2-point violent offense, or whether the “and” means “or,” so that a defendant satisfies the provision only if she does not have (A) more than 4 criminal history points, excluding any points resulting from a 1-point offense, (B) a 3-point offense, or (C) a 2-point violent offense. ! 1 This same question is before the Court in Pulsifer v. United States, No. 22-340. The Court’s decision in Pulsifer likely will be dispositive of Bustam’s petition for writ of certiorari. Accordingly, Bustam’s petition should be held pending the Court’s resolution of Pulsifer, and then disposed of as appropriate in light of the decision in that case. ii No. In the Supreme Court of the United States BRIANNA IRENE BUSTAM, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Brianna Irene Bustam asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on August 17, 2023.