United States v. Antonio Lambert Johnson

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio Lambert JOHNSON, Defendant-Appellant. No. 92-50439. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided April 12, 1993. MEMORANDUM *** 1 Before NOONAN and LEAVY, Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 A federal grand jury handed down a two-count indictment charging Antonio Lambert Johnson with possession of and intent to distribute a total of nearly 100 grams of cocaine base in violation of 21 U.S.C. § 841 (a)(1). Johnson was tried by a jury and convicted on both counts. At the presentence hearing the district court found that Johnson had been convicted of a prior drug felony as alleged in the government's pretrial information, filed pursuant to 21 U.S.C. § 851 (a)(1). Johnson was subsequently sentenced to 20 years' imprisonment to be followed by 10 years' supervised release on the first count,…