No. 22-7756
Tags: circuit-split criminal-history criminal-history-points criminal-procedure safety-valve sentencing sentencing-guidelines statutory-interpretation statutory-minimum
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2024-03-22
(distributed 2 times)
Question Presented (from Petition)
Whether the "and" in § 3553(f)(1) means "and," so that a defendant satisfies the provision so long as he 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 (as the Fourth, Ninth, and Eleventh Circuits hold), or whether the "and" means "or," so that a defendant satisfies the provision only if he 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 (as the Fifth, Sixth, Seventh and Eighth Circuits hold)?
Question Presented (AI Summary)
Whether the 'and' in § 3553(f)(1) means 'and' or 'or'
Docket Entries
2024-03-25
Petition DENIED.
2024-03-18
DISTRIBUTED for Conference of 3/22/2024.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-11
Memorandum of respondent United States filed.
2023-07-11
Motion to extend the time to file a response is granted and the time is extended to and including August 11, 2023.
2023-07-06
Motion to extend the time to file a response from July 12, 2023 to August 11, 2023, submitted to The Clerk.
2023-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2023)
Attorneys
Andre Zeno
Dustin Talbot — Federal Public Defender, Petitioner
United States of America
Elizabeth B. Prelogar — Respondent