United States v. Phillip Johnson

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Phillip JOHNSON, Defendant-Appellant. No. 91-30139. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. * Decided July 31, 1992. Before WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Phillip Johnson pled guilty to distributing more than five grams of cocaine base. He did so after our decision in Gubienso-Ortiz v. Kanahele, 857 F.2d 1245 (9th Cir.1988), in which we declared the Sentencing Reform Act of 1984 unconstitutional, but before the Supreme Court held the Act constitutional in Mistretta v. United States, 488 U.S. 361 (1989). The district court sentenced Johnson after Mistretta was decided, and, in doing so, it applied the Sentencing Guidelines retroactively. As a result, Johnson was subjected to the Guidelines' less favorable good time provisions. Johnson contends that the district court erred. We affirm. 3 Our decision is…