UNITED STATES v. JOHNSON (2021)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Anthony D. JOHNSON, Defendant-Appellant.

No. 19-30256

Decided: January 28, 2021

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges. Russell E. Smoot, Assistant U.S. Attorney, DOJ-United States Attorney's Office, Eastern District of Washington, Spokane, WA, for Plaintiff - Appellee Matthew Campbell, Assistant Federal Public Defender, Federal Public Defender for the Virgin Islands, St. Thomas, VI, Jason F. Carr, Esquire, Assistant Federal Public Defender, FPDWA - Federal Public Defender's Office (Eastern WA & ID), Spokane, WA, for Defendant - Appellant

MEMORANDUM **

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.

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.