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U.S. v. JOHNSON

No. 09-50292.

626 F.3d 1085 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Tyrone JOHNSON, aka Big Den, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2010.

Attorney(s) appearing for the Case

Alissa Sawano Peterson , Irvine, CA, for the appellant.

Andre Birotte Jr. , United States Attorney, Christine C. Ewell , Assistant United States Attorney, and Christopher K. Pelham (argued), Assistant United States Attorney, Los Angeles, CA, for the appellee.

Before: RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges, and LYLE E. STROM, District Judge.

OPINION

STROM, District Judge:

Dennis Tyrone Johnson ("Johnson") pled guilty under a plea agreement to one count of knowingly and intentionally distributing at least 50 grams of a mixture containing cocaine base (i.e., crack cocaine), in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(iii). His plea agreement included a waiver of his right to appeal any sentence imposed. His sentencing guidelines range was 57-71 months, but the district court imposed...

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