DRUG-RELATED

Issues

This case asks the court to analyze 18 U.S.C. § 3553(f)(1), which establishes which criminal defendants can receive reduced sentences under the federal “safety valve” provision and determine whether a defendant is ineligible for safety valve relief only when they meet all three of § 3553(f)(1)’s listed criteria, or if they become ineligible after meeting even one of the three criteria. Pulsifer argues that all three listed criteria must be met for the defendant to be disqualified from safety valve relief, because the “and” which connects the three offense categories is used in the joint sense and bundles the three offense categories together. Pulsifer points to the plain meaning of the statute and Congress’s intent to introduce lenity in sentencing for some criminal defendants. In opposition, the United States argues that the “and” is distributive in this context and effectively functions as an “or”. Therefore, the United States argues, a defendant is disqualified from safety valve relief if they meet even one of the three offense criteria. The United States further maintains that a distributive “and” is required for a proper reading because reading the statute otherwise would render its text arbitrary and redundant. The United States also posits that a distributive “and” would protect the general public from habitual offenders and satisfy Congress’s goal of combating recidivism. This case touches on important questions regarding sentencing guidelines for drug offenses, leniency in sentencing, and the interpretation of federal sentencing statutes.

Questions as Framed for the Court by the Parties

Additional Resources