NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT SEP 24 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 12-30071
Plaintiff - Appellee, D.C. No. 1:06-cr-00079-CCL
v.
MEMORANDUM *
LASHAWN JERMAINE JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Lashawn Jermaine Johnson appeals from the district court’s order granting
his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). 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 the district court procedurally erred by failing to explain
the modified sentence and the extent to which it considered his post-conviction
rehabilitation efforts. The district court considered the motion for a reduced
sentence, which included Johnson’s post-conviction rehabilitation arguments, as
well as the relevant Guidelines policy statement and the 18 U.S.C. § 3553(a)
sentencing factors. Like the two prior sentences the district court imposed, the
court again imposed a sentence at the high end of the Guidelines range. Given the
nature and seriousness of the danger Johnson poses to the community, in light of
the fact that he possessed a firearm, distributed a large quantity of drugs, and twice
threatened to shoot people in connection with his drug transactions, the explanation
for the sentence is sufficient. See United States v. Carty, 520 F.3d 984, 992 (9th
Cir. 2008) (en banc) (adequate explanation can be inferred from the record).
AFFIRMED.
2 12-30071