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Justices Sonia Sotomayor (L) Neil Gorsuch (C) and Ketanji Brown Jackson (R)

Justices Sonia Sotomayor (Photo by Allison Shelley/Getty Images), Neil Gorsuch (Photo by Melina Mara / POOL / AFP), Ketanji Brown Jackson (OLIVIER DOULIERY/AFP via Getty Images)

After the Supreme Court of the United States decided in a 6-3 ruling on Friday that a man convicted of methamphetamine distribution was not entitled to the “safety-valve relief” he sought under the First Step Act, criminal justice reform legislation signed into law by former President Donald Trump in 2018, three dissenting justices framed the ruling as a betrayal and breach of a “promise” made by Congress.

Mark Pulsifer, facing a mandatory minimum of 15 years behind bars, filed a petition for a writ of certiorari in 2022 asking the high court to resolve a circuit split on how to interpret 18 U.S.C. § 3553(f)(1), which deals with limiting mandatory minimums in cases where a defendant doesn’t have [emphasis on “and” ours]: “(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.”

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