United States v. Johnson
United States v. Johnson
Opinion of the Court
Before the Court is [38] Johnson's motion for a sentence modification under
On June 19, 2002, members of the Metropolitan Police Department were patrolling in the 400 block of K Street, SE, in Washington, DC. See Compl. & Statement of Facts [ECF No. 1]. Upon seeing the police officers, Johnson ran away, clutching his waistband; as he ran, he was observed throwing a pink object into the bushes.
Johnson was charged with three counts: (1) unlawful possession with intent to distribute heroin, in violation of
Following a jury trial, Johnson was found guilty on all counts. See Judgment [ECF No. 27] at 1. At the time of his sentencing, the applicable Guidelines range for Johnson was 262 to 327 months of imprisonment.
On May 9, 2017, Johnson filed a petition to modify his term of imprisonment. See Pet. for Modification of an Imposed Term of Imprisonment Pursuant to
Johnson's claim, however, fails for two reasons. First, Johnson received a career offender enhancement under U.S.S.G. § 4B1.1, because he was at least eighteen years of age at the time of this conviction, the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and he had at least two prior convictions of either a crime of violence or a controlled substance offense. U.S.S.G. § 4B1.1(a) ; see Sentencing Tr. [ECF No. 33] at 5:12-:18. The base offense level on Count Three-possession of a firearm by a person convicted of a crime punishable by imprisonment by one year or more, in violation of
Second, even if the career offender enhancement did not apply to Johnson, Amendment 782 would not have changed the base offense level for his drug offense. The base offense level for Count One-possession *139with intent to distribute heroin-was 12, the lowest base offense level involving heroin. See U.S.S.G. § 2D1.1. Johnson was in possession of 2.4 grams of heroin, and, at that time, § 2D1.1 imposed a base offense level of 12 for 5 grams or less of heroin. See U.S.S.G. § 2D1.1(a)(3), (c)(14) (2002). Under the current version of the Guidelines, § 2D1.1 imposes a base offense level of 12 for 10 grams or less of heroin. See U.S.S.G. §§ 2D1.1(a)(5), (c)(14) (2017). Therefore, his base offense level for the drug offense in Count One remains unchanged.
Johnson's motion for a sentence reduction is therefore DENIED .
SO ORDERED .
Count Two-using, carrying and possessing a firearm during a drug trafficking offense-carried a five-year mandatory minimum, which had to run consecutive to any other term of imprisonment.
Reference
- Full Case Name
- United States v. Kevin JOHNSON
- Cited By
- 1 case
- Status
- Published