United States of America v. Anthony Leon Johnson

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY LEON JOHNSON,
Defendant - Appellant.
No. 11-10085
D.C. No. 1:03-cr-05053-AWI
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Anthony Leon Johnson appeals from the denial of his motion to reconsider
his 240-month sentence. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
FILED
DEC 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10085 2
Johnson contends that the district court improperly denied his motion to
reconsider his sentence pursuant to 18 U.S.C. § 3582(c) by failing to consider a
sentence outside of the career offender guidelines. The district court did not have
jurisdiction to resentence Johnson based on his § 3582(c) motion because Johnson
was sentenced pursuant to Guideline § 4B1.1. See United States v. Wesson, 583
F.3d 728, 730-32 (9th Cir. 2009).
Johnson also contends that his sentence was substantively unreasonable. In
Johnson’s previous appeal, this court already determined that his 240-month
sentence was reasonable.
AFFIRMED.

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