United States v. Joseph Johnson

MEMORANDUM

Joseph Lamar Johnson appeals pro se from the district court’s denial of his motion to reduce his 30-month sentence pursuant to 18 U.S.C. § 3582 (c)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Johnson contends that the district court should have reduced his sentence under 18 U.S.C. § 3582 (c) because his counsel ren dered ineffective assistance by allowing him to be sentenced before the effective date of Amendment 742 of the United States Sentencing Guidelines, which eliminated the “recency points” provision of former U.S.S.G. § 4Al.l(e). The record reflects that no recency points under former section 4Al.l(e) were included in Johnson’s criminal history calculation. Accordingly, even if a claim of ineffective assistance could support a reduction in sentence, Johnson has not established that he is entitled to relief under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and the district court did not abuse its discretion in denying Johnson’s motion. See United States v. Townsend, 98 F.3d 510, 512-13 (9th Cir.1996) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except…