Nonprecedential Disposition

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 9, 2009
Decided February 9, 2009
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. JOEL M. FLAUM, Circuit Judge
Hon. ILANA D. ROVNER, Circuit Judge
UNITED STATES OF AMERICA
Plaintiff‐Appellee,
No. 08‐2371
JESSE J. JOHNSON,
Defendant‐Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division.
No. 00 CR 142
Elaine E. Bucklo,
Judge.
ORDER
Jesse Johnson pleaded guilty to possession of cocaine and crack cocaine with intent to
distribute, and was sentenced to 188 months imprisonment. On March 14, 2002, this Court
affirmed Johnson’s conviction and sentence. A few years later, the defendant filed a pro se
motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) in light of the Sentencing
Commission’s retroactive amendments to the crack cocaine guidelines. In his motion, Johnson
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 08‐2371 Page 2
claimed that the district court had authority to reduce his sentence below the two offense‐level
reduction authorized by the Sentencing Commission. The district court rejected defendant’s
contention in this regard, reducing Johnson’s sentence only by the two levels allowed in the
retroactive amendments. Johnson now appeals.
Our recent opinion in United States v. Cunningham, No. 08‐2901 (7th Cir. Feb. 4, 2009) dealt
with this same issue. In that case, we concluded that, with an exception not relevant here,
district courts do not have authority to reduce a defendant’s sentence under § 3582(c)(2) to a
sentence lower than the retroactive Guideline amendment range. We adopt the reasoning and
holding of that case, and therefore AFFIRM the judgment of the district court.

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