United States v. Phillip Johnson

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. 93-35228. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1994. * Decided April 13, 1994. Before: WRIGHT, TANG, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Phillip Johnson pleaded guilty to distribution of five or more grams of cocaine base, in violation of 21 U.S.C. Sec. 841 (a)(1) and 841(b)(1)(B), and was sentenced to eight years incarceration. The district court denied Johnson's motion to modify his sentence pursuant to 18 U.S.C. Sec. 3582 (c)(2) and U.S.S.G. Sec. 1B1.10, and Johnson appeals. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. DISCUSSION 3 Johnson first argues on appeal that the district court could not sentence him as a career offender under U.S.S.G. Sec. 4B1.1 1 because he was not charged with his prior convictions by indictment or information, as required by 21 U.S.C.…