United States of America v. Anthony D. Johnson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANTHONY D. JOHNSON,
Defendant-Appellant.
No. 19-30256
D.C. No. 2:04-cr-00201-JLQ-1
MEMORANDUM*
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).
FILED
JAN 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-30256
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.

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