DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042574P.pdf 05/27/2005 USA v. Clifford Johnson
U.S. Court of Appeals Case No: 04-2574
Western District of Arkansas
Criminal Case - sentence. District court did not clearly err in denying a
mitigating role reduction, as defendant was deeply involved in the offense
of conspiring to distribute methamphetamine. Defendant's sentencing
claim is reviewed for plain error as he failed to object to the drug quantity
calculation in the PSR. Because defendant did not demonstrate a
reasonable probability the district court would have imposed a more
favorable sentence if the guidelines were applied as advisory, error was
not plain. Evidence of quantity was overwhelming. Prior felony
conviction was properly applied as a sentencing factor.
[PUBLISHED] [Murphy, Author, with Hansen and Gruender, Circuit Judges]