‘And’ can be distributive or joint, depending on context.
Grady Jolly 22, senior Federal Judge of the Court of Appeals for the Fifth Circuit, 11/2/2022, “United States v. Palomares,” 52 F.4th 640
"Authorities agree that when used as a conjunctive, the word "and" has "a distributive (or several) sense as well as a joint sense." Bryan A. Garner, Garner's Dictionary of Legal Usage 639 (3d ed. 2011). That is, the phrase "A and B" could mean "A and B, jointly or severally." Id.
As applied to § 3553(f)(1), a "joint" sense of "and" would mean that a defendant is eligible for relief unless the court finds that he does not jointly have all three elements listed in (A), (B), and (C). The "distributive" sense of the word would mean that the requirement that a defendant [**6] "does not have" certain elements of criminal history is distributed across the three subsections, and a defendant is ineligible if he fails any one of the three conditions.
United States v. Pulsifer, 39 F.4th 1018, 1021 (8th Cir. 2022). To determine whether "and" is used in a "joint" sense or a "distributive" sense in § 3553(f)(1), we must look to the context of the statute itself. In different words, the words here preceding the em-dash apply to each of the conditions that follow.