United States v. Johnson, No. 12-2138 (6th Cir. 2013)
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Johnson’s plea agreement provided for dismissal of two distribution counts and state weapons charges; Johnson pled guilty to conspiracy to distribute and possess with intent to distribute at least 280 grams of cocaine base between 2007 and 2010, acknowledging that the plea would trigger a mandatory minimum 10-year sentence and a maximum sentence of life imprisonment. There was evidence that a coconspirator and Johnson moved cocaine base three to four times per month. The presentence report sought to avoid possible double counting by including only those quantities attributed to Johnson directly by coconspirators. Together, these amounts exceeded the 2.8 kilograms necessary to trigger a base offense level of 36 under USSG 2D1.1(c)(2). The district court found that Johnson was directly involved in the distribution of 82 ounces of cocaine base during the disputed period. In total, the district court found that Johnson’s relevant conduct involved the distribution of at least 157 ounces (4.45 kilograms) of cocaine base and that he had a base offense level of 36. Further adjustments lowered his offense level to 34, which, when combined with a criminal history category of IV, produced a Guidelines range of 210-262 months. The district court sentenced Johnson to a 210-month term of imprisonment. The Sixth Circuit affirmed.
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