United States v. Johnson ( 2006 )

MEMORANDUM ^**

Donte Lamont Johnson appeals his 188-month sentence imposed following a guilty-plea conviction for conspiracy to possess cocaine base, in violation of 21 U.S.C. § 846. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).¹ We deny appellant’s motion to vacate his sentence, as he has failed to demonstrate plain error. See id. at 1079.

REMANDED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

1 . All outstanding motions are denied as moot.