This item was in my news feed today, but perplexes me.

Some U.S. Federal courts are perplexed by the following legal list about sentencing:

(1) the defendant does not have'
(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;

I find it odd that so many are confused by what looks like straightforward logic:
person does not have A, B, and C.

What am I missing here?

=== links ===
The Supreme Court will hear a case with a lot of 'buts' & 'ifs' over the meaning of 'and'
"Federal courts across the country disagree about whether the word, as it is used in a bipartisan 2018 criminal justice overhaul, indeed means 'and' or whether it means 'or.' Even an appellate panel that upheld a longer sentence called the structure of the provision 'perplexing.'"
apnews.com - Supreme court mandatory minimum sentencing drug crimes

snip from "First Step Act of 2018".

(B) by striking paragraph (1) and inserting the following:
''(1) the defendant does not have'
''(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;''; and
(C) by adding at the end the following:
''Information disclosed by a defendant under this subsection may
not be used to enhance the sentence of the defendant unless the
information relates to a violent offense.''; and
(2) by adding at the end the following:

U.S. Congress: PDF document

Proper Semicolon Usage for Lawyers
Semicolons are perhaps best used in legal writing to connect independent clauses in a list, such as elements of statute or analytical framework; case citations; or when a list has one or more items that includes an "and," or an "or."
findlaw.com - Proper semicolon usage for lawyers