U.S. v. Johnson

Dist. Ct. did not err in denying defendant’s motion to reduce his sentence under 18 USC section 3582(c)(2) on his crack cocaine distribution conviction, even though defendant claimed that he was entitled to reduction under retroactive crack cocaine sentencing guidelines. Defendant’s original sentence was based on statutory mandatory minimum 120-month sentence under 21 USC section 841(b)(1)(B) due to his prior felony drug conviction, and under Poole, 550 F3d 676, defendant cannot reduce his sentence if original sentence was based on statutory minimum. Fact that defendant’s original sentence was below 120-month statutory minimum did not require different result.