No. 23-6029

Brianna Irene Bustam v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-16
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-history drug-offenses first-step-act rule-of-lenity safety-valve sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-03-22 (distributed 2 times)
Question Presented (from Petition)

The question presented is whether the "and" in § 3553(f)(1) means "and," so that a defendant satisfies the provision so long as 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.

Question Presented (AI Summary)

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

Docket Entries

2024-03-25
Petition DENIED.
2024-03-18
DISTRIBUTED for Conference of 3/22/2024.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-17
Memorandum of respondent United States filed.
2023-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2024.
2023-12-12
Motion to extend the time to file a response from December 18, 2023 to January 17, 2024, submitted to The Clerk.
2023-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2023)

Attorneys

Brianna Irene Bustam
Timothy M ShepherdOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Respondent