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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GARRETT JOHNSON,
Defendant-Appellant.


No. 08-5667

Appeal from the United States District Court
for the Eastern District of Tennessee at Greeneville.
No. 03-00103-003—J. Ronnie Greer, District Judge.
Submitted: April 28, 2009
Decided and Filed: May 5, 2009
Before: SILER, GILMAN, and KETHLEDGE, Circuit Judges.

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OPINION
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RONALD LEE GILMAN, Circuit Judge. Garrett Johnson pled guilty to the charge of conspiring to distribute crack cocaine. He faced a 240-month mandatory minimum sentence, as required by statute, but the government moved the district court to grant a lower sentence based on Johnson’s substantial assistance. The court granted the government’s motion and sentenced Johnson to 108 months’ imprisonment.

Johnson subsequently filed a motion for a further reduction in his sentence based on the retroactive revisions to the United States Sentencing Guidelines regarding crack-cocaine convictions. The district court denied Johnson’s motion, holding that it lacked jurisdiction to consider this new ground because the sentence was imposed pursuant to the statutory mandatory minimum for Johnson’s offense, not the subsequently amended Guidelines. For the reasons stated below, we AFFIRM the judgment of the district court.