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U.S. v. JOHNSON

No. 08-5667.

564 F.3d 419 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Garrett JOHNSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 5, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Nikki C. Pierce, Federal Defenders Services of Eastern Tennessee, Inc., Greeneville, Tennessee, for Appellant. Caryn L. Hebets, Assistant United States Attorney, Johnson City, Tennessee, for Appellee.

Before: SILER, GILMAN, and KETHLEDGE, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Garrett Johnson pled guilty to the charge of conspiring to distribute crack cocaine. He faced a 240-month mandatory minimum sentence, as required by statute, but the government moved the district court to grant a lower sentence based on Johnson's substantial assistance. The court granted the government's motion and sentenced Johnson to 108 months' imprisonment.

Johnson subsequently filed a motion for a further...

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