How important can the meaning of a single word be
on Oct. 2, the first day of its new term. What the justices decide could affect thousands of prison sentences each year., indeed means “and” or whether it means “or.” Even an appellate panel that upheld a longer sentence called the structure of the provision “perplexing.”It’s the kind of task the justices — and maybe their English teachers — love.
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.
Now 61, Pulsifer is not scheduled to be released from prison until 2031, according to federal Bureau of Prison records. But in San Diego, Eric Lopez had about 45 pounds of meth on him when he was arrested qualified for the safety valve, despite his own earlier conviction, and avoided an additional year behind bars. U.S. District Judge James Lorenz wrote in Lopez’s case that the law was ambiguous.Linguists who specialize in the law submitted a brief in which they wrote that surveys they conducted found people thought the language was either ambiguous or should be read the way Pulsifer’s legal team argues.
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