United States v. Erik Hampton Johnson

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Erik Hampton JOHNSON, Defendant-Appellant. No. 94-17224. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1995. * Decided Sept. 8, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Erik Hampton Johnson, a federal prisoner, appeals pro se the district court's denial of his motion for reduction of sentence under 18 U.S.C. Sec. 3582 (c)(2), and his 28 U.S.C. Sec. 2255 motion to correct his sentence following his guilty plea conviction to conspiracy to possess with intent to distribute marijuana. Johnson contends that the district court erred by declining to reduce his sentence under U.S.S.G. Sec. 2D1.1, comment. (n. 17). Johnson also contends that he received ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. Secs. 1291 and 2255, and we affirm. 3 The legality of a sentence is reviewed de novo.…