mifan , 9 months ago

It’s basically explained in these three sections:

“In particular, the justices will be examining a so-called safety valve provision that is meant to spare low-level, nonviolent drug dealers who agree to plead guilty and cooperate with prosecutors from having to face often longer mandatory sentences.”

“The provision lists three criteria for allowing judges to forgo a mandatory minimum sentence that basically look to the severity of prior crimes. Congress did not make it easy by writing the section in the negative so that a judge can exercise discretion in sentencing if a defendant “does not have” three sorts of criminal history.”

“The question is how to determine eligibility for the safety valve — whether any of the conditions is enough to disqualify someone or whether it takes all three to be ineligible.”