United States v. Johnson

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 a sentence of 10 years (120 months). His sentence also included a five-year term of supervised release with specific conditions. Johnson appeals his sentence. We affirm in part, vacate in part and remand.

I. BACKGROUND

Johnson’s plea agreement contained the following relevant language: “Defendant gives up the right to appeal any sentence imposed by the [c]ourt, and the manner in which the sentence is determined, provid ed that the sentence is constitutional.” (emphasis added). At Johnson’s plea hearing, Johnson pled guilty to count I of the indictment under the terms of the agreement. Before accepting Johnson’s plea, the district court determined Johnson was (1) “fully informed of his rights,” (2) in command of his facilities as asserted by his counsel,…