[22-340] Pulsifer v. United States

Pulsifer v. United States Wikipedia · Justia · Docket · oyez.org Argued on Oct 2, 2023. Petitioner: Mark E. Pulsifer. Respondent: United States. Advocates: Shay Dvoretzky (for the Petitioner) Frederick Liu (for the Respondent) Facts of the case (from oyez.org) Mark Pulsifer pleaded guilty to distributing at least fifty grams of methamphetamine. Relying on 18 U.S.C. § 3553(f), Pulsifer asked the district court for a sentence lower than the otherwise applicable statutory minimum term of imprisonment. That provision, permits a district court to impose a sentence lower than the statutory minimum upon finding that 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.” It was undisputed that Pulsifer had a criminal history that meets the criteria in subsections (A) and (B), due to having more than four criminal history points and a prior three-point offense. The district court concluded that this history alone made him ineligible for sentencing under § 3553(f), notwithstanding that he did not also have a prior two-point violent offense that would meet the condition in subsection (C). It therefore denied his request under 18 U.S.C. § 3553(f). Pulsifer appealed, and the U.S. Court of Appeals for the Eighth Circuit affirmed, concluding the statutory word “and” means a defendant must not have any of the criteria, not that he must not have all of them. Question Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?