United States v. Johnson

STRAUB, Circuit Judge:

Defendant-Appellant Swahili Johnson appeals from an order of the United States District Court for the Southern District of New York (Denny Chin, Judge) 1 granting his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2), pursuant to Amendment 750 of the United States Sentencing Guidelines (“Guidelines”). Johnson challenges the District Court’s order reducing his sentence based on the court’s determination that it was unable to vary below the revised applicable Guidelines range based on Guidelines § 1B1.10.

For the reasons that follow, we hold that the District…