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SheeEttin ,

And since fucking asshole journalists and editors never mention the actual goddamn law, it’s 18 U.S. Code § 3553(f)(1), here: www.law.cornell.edu/uscode/text/18/3553#f

Condensed version:

The court shall impose a sentence pursuant to guidelines […] without regard to any statutory minimum sentence, if the court finds at sentencing, […] that—
(1) the defendant does not have
(A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines;
(B) a prior 3-point offense, as determined under the sentencing guidelines; and
(C) a prior 2-point violent offense, as determined under the sentencing guidelines;

The “and” is pretty clear. In order to qualify for sentencing outside the statutory minimum, you must not have more than 4 points, a 3-point offense, and a 2-point violent offense. In short, you must not have A, B, and C. If you have A, B, and C, you do not qualify. But almost nobody is going to have all three of A, B, and C.

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