211609P.pdf   07/11/2022  United States  v.  Mark Pulsifer
   U.S. Court of Appeals Case No:  21-1609
   U.S. District Court for the Southern District of Iowa - Western   
   [PUBLISHED] [Colloton, Author, with Kelly and Kobes, Circuit Judges] 
   Criminal case - Sentencing. In interpreting 18 U.S.C. Sec. 3553(f)(1), the 
   word "and" should be read in its distributive sense, and in order to 
   qualify for safety-valve sentencing a defendant must satisfy all three 
   conditions - he does not have more than four criminal points, he does not 
   have a three-point offense and he does not have a two-point violent 
   offense; if a defendant does not meet all three conditions, then he is not 
   eligible to be sentenced under the sentencing guidelines without regard to 
   the statutory minimum for his offense; here, it is undisputed that 
   defendant has more than four points and a three-point offense, and he does 
   not qualify for sentencing under 3553(f); the fact that he does not also 
   have a two-point offense is immaterial.