United States v. Anthony Johnson

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 28 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-30256

Plaintiff-Appellee, D.C. No. 2:04-cr-00201-JLQ-1

v. MEMORANDUM* ANTHONY D. JOHNSON,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Justin L. Quackenbush, District Judge, Presiding

Submitted January 20, 2021**

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

Anthony D. Johnson appeals from the district court’s order denying in part

his motion for a sentence reduction under the First Step Act. We have jurisdiction

under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Johnson contends that the First Step Act authorizes a plenary resentencing,

and that the district court erred by concluding otherwise and declining to revisit

Johnson’s designation as a career offender under U.S.S.G. § 4B1.1. As he

concedes, this contention is foreclosed. See United States v. Kelley, 962 F.3d 470,

479 (9th Cir. 2020) (“[T]he First Step Act does not authorize plenary

resentencing[.]”).

AFFIRMED.

2 19-30256