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And since fucking asshole journalists and editors never mention the actual goddamn law, it's 18 U.S. Code § 3553(f)(1), here: https://www.law.cornell.edu/uscode/text/18/3553#f
Condensed version:
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.
That's actually far more ambiguous than I expected.
It's really not ambiguous at all. There is no reasonable way to read "and" and interpret it as "or".
Right, but with more logic-challenged individuals in mind, this is far more ambiguous than necessary. It shouldn't be ambiguous to anyone in law, though, and that's all that should matter.
So the argument is basically: (A&B&C) Or (A) or (B&C)
Correct?
Looks like it but if so IMO it's not really about and, it's about the structure of how the conditions are written down. Another and between A & B would clarify the intent if all 3 conditions need to be met.
It would not. A, B, and C means all three. If they meant any other configuration of criteria, there are existing ways of writing it that they would have used.
The citizens' argument is that the law is clear in that you are only disqualified from reduced sentencing if you meet all three conditions.
The other side, used by some courts and prosecutors, is that obviously Congress didn't mean what they wrote, so they're going to use the more punitive interpretation.