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UNITED STATES v. JOHNSON (2021)

United States Court of Appeals, Ninth Circuit.2021-01-28No. No. 19-30256

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Opinion

MEMORANDUM **

Anthony D. Johnson appeals from the district courts 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.

Johnson contends that the First Step Act authorizes a plenary resentencing, and that the district court erred by concluding otherwise and declining to revisit Johnsons 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.