United States v. Johnson

MEMORANDUM ** Kellen Lamon Johnson appeals from the 60-month sentence imposed following his guilty plea convictions for conspiracy to possess with intent to distribute cocaine and exporting firearms without a license, in violation of 21 U.S.C. §§ 841 and 846, and 22 U.S.C. § 2778 (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 . Johnson contends that the district court erred by concluding that it could not apply the safety valve statute, 18 U.S.C. § 3553 (f), in light of the Supreme Court’s holding in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We agree, and we vacate the sentence and remand for further proceedings consistent with United States v. Cardenas-Juarez, 469 F.3d 1331, 1335 (9th Cir.2006). VACATED and REMLANDED. This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).