United States v. Johnson
8:17-cr-00345
M.D. Fla.Jun 4, 2025Background
- Lewis Jeremiah Johnson was convicted and sentenced to 144 months on firearms and drug trafficking charges, with a mandatory 60-month consecutive sentence for possession of a firearm in furtherance of drug trafficking.
- At sentencing, Johnson was determined to have 20 criminal history points, categorizing him as a career offender (category VI).
- The court granted a downward variance based on mitigating circumstances, including Johnson's acquisition of a weapon during an emergency after being shot during a robbery.
- Johnson sought a reduction of sentence based on Amendment 821 to the Sentencing Guidelines and, alternatively, compassionate release under 18 U.S.C. § 3582(c)(1)(A).
- The U.S. Probation Office and a Federal Defender found Johnson ineligible for relief under Amendment 821 because he had more than zero criminal history points and no status points.
- The court considered, and rejected, Johnson’s arguments for compassionate release due to alleged extraordinary circumstances and nonviolent prison conduct.
Issues
| Issue | Johnson's Argument | United States' Argument | Held |
|---|---|---|---|
| Eligibility for sentence reduction under Amendment 821 | He qualifies for a two-level offense level reduction | He is ineligible due to criminal history points | Not eligible for reduction |
| Correctness of criminal history calculation | Criminal history points were incorrectly applied | Points correctly scored, as affirmed by appellate court | Points were properly calculated |
| Compassionate release under § 3582(c)(1)(A) | Extraordinary/nonviolent circumstances warrant reduction | No extraordinary/compelling reasons; public safety concerns | No extraordinary or compelling reasons |
| Appropriateness of further sentence reduction under § 3553(a) | Sentence should be reduced due to mitigating circumstances | Would undermine seriousness of offenses and deterrence | Reduction not warranted under § 3553(a) |
Key Cases Cited
- No official reporter case citations were referenced in the opinion.
