US v. Johnson, No. 08-3925 - U.S. Sixth Circuit
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US v. Johnson, No. 08-3925

Defendants' drug possession sentences are affirmed where neither Defendant was eligible for a reduced sentence under 18 U.S.C. section 3582(c)(2), because their sentences were based solely on powder cocaine, meaning that Amendment 706 to the Guidelines would not have the effect of lowering their sentences.

Read US v. Johnson, No. 08-3925

Appellate Information

Submitted: June 18, 2009

Decided and Filed: June 30, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Andy P. Hart, Office of the Federal Public Defender, Toledo, OH

For Appellee:

Blas E. Serrano, Assistant U.S. Attorney, Cleveland, OH