NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-30256
Plaintiff-Appellee, D.C. No. 2:04-cr-00201-JLQ-1
v.
MEMORANDUM*
ANTHONY D. JOHNSON,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Justin L. Quackenbush, District Judge, Presiding
Submitted January 20, 2021**
Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
Anthony D. Johnson appeals from the district court’s order denying in part
his motion for a sentence reduction under the First Step Act. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Johnson contends that the First Step Act authorizes a plenary resentencing,
and that the district court erred by concluding otherwise and declining to revisit
Johnson’s designation as a career offender under U.S.S.G. § 4B1.1. As he
concedes, this contention is foreclosed. See United States v. Kelley, 962 F.3d 470,
479 (9th Cir. 2020) (“[T]he First Step Act does not authorize plenary
resentencing[.]”).
AFFIRMED.
2 19-30256