Eight Circuit agrees.

The important question here is in what sense the statute uses the word "and" in the conjunctive. When used as a conjunctive, the word "and" has "a distributive (or several) sense as well as a joint sense." 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.; see Scott J. Burnham, The Contract Drafting Guidebook 163 (1992). 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 [**7] (C). The "distributive" sense of the word would mean that the requirement that a defendant "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.

There is a strong textual basis to prefer a distributive reading of "and" in § 3553(f). If "and" is read jointly, then subsection (A) is rendered superfluous. A defendant who has a prior three-point offense under subsection (B) and a prior two-point violent offense under subsection (C) would always meet the criterion in subsection (A), because he would always have more than four criminal history points. Thus, reading "and" in its joint sense would leave subsection (A) without any independent operation.