FILED
NOT FOR PUBLICATION DEC 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10085
Plaintiff - Appellee, D.C. No. 1:03-cr-05053-AWI
v.
MEMORANDUM *
ANTHONY LEON JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Anthony Leon Johnson appeals from the denial of his motion to reconsider
his 240-month sentence. 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 9th Cir. R. 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 district court improperly denied his motion to
reconsider his sentence pursuant to 18 U.S.C. § 3582(c) by failing to consider a
sentence outside of the career offender guidelines. The district court did not have
jurisdiction to resentence Johnson based on his § 3582(c) motion because Johnson
was sentenced pursuant to Guideline § 4B1.1. See United States v. Wesson, 583
F.3d 728, 730-32 (9th Cir. 2009).
Johnson also contends that his sentence was substantively unreasonable. In
Johnson’s previous appeal, this court already determined that his 240-month
sentence was reasonable.
AFFIRMED.
2 11-10085