USA v. Julian Garcon, No. 19-14650 (11th Cir. 2022)
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Defendant who pleaded guilty to attempting to possess 500 grams or more of cocaine with intent to distribute has a prior 3-point offense but does not have more than 4 criminal history points or a prior 2-point violent offense. The district court concluded that Defendant remained eligible for relief under the Act because he did not have all three characteristics.
The Eleventh Circuit affirmed and held that Defendant was eligible for safety-valve relief despite his prior 3-point offense. The court further rejected the government’s arguments to the contrary. The court reasoned that because the conjunctive “and” joins together the enumerated characteristics, a defendant must have all three before he is ineligible for relief. The court explained that here Defendant’s prior 3-point offense does not disqualify him from safety-valve relief. Section 3553(f)(1) begins with a negative—“the defendant does not have”—and the three requirements that follow are joined by an “and.”
This opinion or order relates to an opinion or order originally issued on May 18, 2021.
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