Judge Jon Newman
Johnson pleaded guilty to conspiring to and possess with intent to distribute 50 grams or more of crack cocaine. The plea agreement set the amount at between 150 and 500 grams. Through interplay of the then-current statutory mandatory minimum 10-year sentence and offense level reductions based on acceptance of responsibility, district court sentenced Johnson to 87 months in prison, the low end of the range for offense level 27 in criminal history category III (CHC III). Relying on Amendment 750 to the Fair Sentencing Act (FSA), Johnson sought reduction under 18 USC §3582(c)(2). Agreeing with an Abbreviated Supplemental Presentence Report, district court reduced sentence to 78 months. Second Circuit affirmed, rejecting Johnson’s claim that the range should have been 57 to 71 months. Although the 78-month reduced sentence stood, Johnson was not entitled to further reduction. The 10-year mandatory minimum sentence was neither displaced nor reduced to 60 months by the FSA, and thus remained applicable. Because only his CHC III placement provided an argument that his sentencing range had been lowered, the circuit held that the U.S. Sentencing Commission would not deem Johnson eligible for §3582(c)(2) relief.
