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U.S. v. JOHNSON

No. 08-2005.

580 F.3d 567 (2009)

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

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2009.

Attorney(s) appearing for the Case

Joseph C. Pedersen (argued), Edmond E-Min Chang, Asst. U.S. Atty., Office of The United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Paul E. Gaziano (argued), Federal Defender Program, Rockford, IL, Terence F. MacCarthy, Office of The Federal Defender Program, Chicago, IL, for Defendant-Appellant.

Before BAUER, KANNE and WOOD, Circuit Judges.

PER CURIAM.

Kenneth Johnson, who was convicted in 2003 of distributing crack, moved pro se for a sentence reduction under 18 U.S.C. § 3582(c)(2) after the Sentencing Commission retroactively reduced the offense levels for some crack offenses. The district court concluded that he was eligible for a 15-month reduction, but announced that it was inclined to grant only a 3-month reduction because of his extensive criminal history. At that juncture, however, the court...

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