United States v. Johnson

Opinion

Case: 21-30459 Document: 00516687814 Page: 1 Date Filed: 03/24/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED March 24, 2023 No. 21-30459 Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Rahsaan Johnson,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:03-CR-135-3

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before Smith, Stewart, and Graves, Circuit Judges. Per Curiam:* Rahsaan Johnson appeals the district court’s denial of his motion for a sentence reduction pursuant to section 404 of the First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222. We previously affirmed the district court’s denial of the motion. United States v. Johnson, No. 21-30459,

* This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-30459 Document: 00516687814 Page: 2 Date Filed: 03/24/2023

No. 21-30459

2022 WL 1617863 (5th Cir. May 23, 2022). However, the Supreme Court vacated our judgment and remanded the case for reconsideration in light of its decision in Concepcion v. United States, 142 S. Ct. 2389 (2022). On remand, the parties jointly ask us to vacate the district court order denying Johnson’s motion for a sentence reduction and remand the case to the district court in light of Concepcion. We grant the parties’ request. The district court’s order denying Johnson’s motion for a sentence reduction is VACATED, and the case is REMANDED to the district court for reconsideration in light of Concepcion. 1

1 We do not mean to suggest what rulings the district court should issue on remand.