United States v. Johnson ( 2023 )

Case: 21-30459 Document: 00516687814 Page: 1 Date Filed: 03/24/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 24, 2023
No. 21-30459
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Rahsaan Johnson,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:03-CR-135-3
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
Rahsaan Johnson appeals the district court’s denial of his motion for
a sentence reduction pursuant to section 404 of the First Step Act of 2018,
Pub. L. No. 115-391, § 404, 132 Stat. 5194, 5222. We previously affirmed the
district court’s denial of the motion. United States v. Johnson, No. 21-30459,
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 21-30459 Document: 00516687814 Page: 2 Date Filed: 03/24/2023
No. 21-30459
2022 WL 1617863 (5th Cir. May 23, 2022). However, the Supreme Court
vacated our judgment and remanded the case for reconsideration in light of
its decision in Concepcion v. United States, 142 S. Ct. 2389 (2022).
On remand, the parties jointly ask us to vacate the district court order
denying Johnson’s motion for a sentence reduction and remand the case to
the district court in light of Concepcion. We grant the parties’ request. The
district court’s order denying Johnson’s motion for a sentence reduction is
VACATED, and the case is REMANDED to the district court for
reconsideration in light of Concepcion. 1
1
We do not mean to suggest what rulings the district court should issue on remand.
2