United States v. Johnson

BAUER, Circuit Judge.

In 1996, Johnson pleaded guilty to conspiracy to distribute and possess with the intent to distribute crack cocaine. 21 U.S.C. § 846. Under the 1995 United States Sentencing Commission Guidelines Manual, a 38 base offense level applied to any case when a defendant’s relevant conduct involved 1.5 kilograms or more of crack cocaine. As part of his plea, Johnson agreed that his relevant conduct involved 1.5 kilograms or more of crack cocaine. The presentence investigation report (PSR) that had been prepared for Johnson’s sentencing calculated his relevant conduct at 4,536…