Julian Garcon pleaded guilty to attempting to possess cocaine with intent to distribute and sought the federal safety valve from an otherwise mandatory minimum sentence. The en banc Eleventh Circuit divided over the meaning of “and” in 18 U.S.C. § 3553(f)(1), but the majority held that the statute’s three criminal-history restrictions operate conjunctively: a defendant is disqualified only when all three apply. Because Garcon did not have all three characteristics, the court affirmed his safety-valve sentence and rejected the government’s challenge.