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United States v. Johnson

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ARGUED APRIL 23, 2010

Before MANION, ROVNER, Circuit Judges, and HIBBLER, District Judge.

This is an appeal from a judgment and sentence entered by the district court. After a two-day trial, a jury found Defendant-Appellant Wendell Johnson guilty of two counts of distribution of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). There-after, the district court calculated the proper sentencing range under the United States Sentencing Guidelines to be 262 to 327 months of incarceration and sentenced him to 300 months in prison. Johnson first challenges his conviction on the ground that four types of evidence that the court admitted during his trial were unfairly prejudicial. Second, although he does not dispute the court’s calculation of the applicable Guidelines range, he contends that the court abused its discretion when it declined to sentence him to a term of incarceration substantially shorter than the minimum suggested by the Guidelines. We affirm.

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