Opinion
Crim. 0419 5:11CR00073-017
07-20-2022
UNITED STATES OF AMERICA v. Chris Isaac Johnson Defendant
AGREED ORDER AND JUDGMENT TO REVOKE SUPERVISED RELEASE
Upon Petition of the U.S. Probation Office, joined herein by the United States and the defendant, to revoke the supervised release of defendant Chris Isaac Johnson, for good cause shown therein, and based on agreement of the parties as set forth herein:
AGREEMENT OF UNITED STATES AND DEFENDANT
The defendant stipulates and agrees that the government may prove the facts pertaining to the New Law Violations alleged in the Petition by way of the written proffer set forth by the Probation Office in the Petition. That written proffer provides as follows:
1. NEW LAW VIOLATION (Date violation concluded: 2/4/2022). The defendant has violated the condition of supervision that states, "The defendant shall not commit another federal, state, or local crime," in that, on 2/4/2022, the United States Probation Office;
conducted a search of Mr. Johnson's residence. During this search officers located Marijuana and Crack Cocaine. Mr. Johnson denied being involved in the sale of illegal narcotics, however, a review of his cell phone revealed text conversations between Mr. Johnson and his girlfriend, Beverly Motsinger, conspiring to sell Marijuana and Crack Cocaine. If charged federally, this conduct would constitute a violation of 21 U.S.C. §§ 841(a)(1) and 846. (Grade A)
2. NEW LAW VIOLATION (Date violation concluded: 2/4/2022). The defendant has violated the condition of supervision that states, "The defendant shall not commit another federal, state, or local crime," in that, on 2/4/2022, Mr. Johnson possessed an unknown amount of Cocaine. A warrant was subsequently issued by the Wilkes County Sheriff's Office for Felony Possession of a Schedule II Controlled Substance (22CR50204, Count I), in Wilkes County, NC. If charged federally, this conduct would also constitute a violation of 21 U.S.C. § 844(a). (Grade B)
3. NEW LAW VIOLATION (Date violation concluded: 2/4/2022). The defendant has violated the condition of supervision that states, "The defendant shall not commit another federal, state, or local crime," in that, on 2/4/2022, Mr. Johnson maintained his residence, 339 Ward St., Roaring River, NC, for the puipose of keeping and using Cocaine. A warrant was subsequently issued by the Wilkes County Sheriffs Office for Felony Maintaining a Vehicle/Dwelling/Place for Controlled Substance (22CR50204, Count III), in Wilkes County, NC. If charged federally, this conduct would also constitute a violation of 21 U.S.C. § 856(a)(1). (Grade B)
4. NEW LAW VIOLATION (Date violation concluded: 2/4/2022). The defendant has violated the condition of supervision that states, "The defendant shall not commit another federal, state, or local crime," in that, on 2/4/2022, Mr. Johnson possessed a spoon, filter, and glass smoking pipes used to introduce a controlled substance into his body. A warrant was subsequently issued by the Wilkes County Sheriffs Office for Misdemeanor Possession of Drug Paraphernalia (21CR50204, Count II), in Wilkes County, NC. This conduct constitutes a violation of N.C. G.S. 90-113.22(a). (Grade C) WD/NC Agreed Order (Rev. 9/2021)
The defendant does not contest, but does not admit, said facts for the purpose of this supervised release violation proceeding, and the defendant offers no contraiy evidence. The defendant further stipulates and agrees that the Court may find facts and make determinations as to guilt or innocence of said New Law Violations based on the written proffer set forth by the Probation Office in the Petition.
With respect to all of the Violations alleged in the Petition except for the New Law Violations, the defendant stipulates and agrees that he did, in fact, violate the conditions of supervised release as alleged. Accordingly, the defendant stipulates and agrees that he has violated the terms and conditions of supervised release in the following respects:
5. DRUG/ALCOHOL USE (Date violation concluded: 2/4/2022). The defendant has violated the condition of supervision that states, "The defendant shall refrain from excessive use of alcohol and shall not unlawfully purchase, possess, use, distribute or administer any narcotic or controlled substance or any psychoactive substances (including, but not limited to, synthetic marijuana, bath salts) that impair a person's physical or mental functioning, whether or not intended for human consumption, or any paraphernalia related to such substances, except as duly prescribed by a licensed medical practitioner," in that, on 10/21/2021, Mr. Johnson submitted a urine specimen that was found to be positive for Amphetamines.
On 11/8/2021, Mr. Johnson submitted a urine specimen that was found to be positive for Amphetamines and Oxycodone. Mr. Johnson signed a voluntary admission to Vicodin use, a medication not known to be prescribed to him, on or about 11/4/2021.
On 1/6/2022, Mr. Johnson submitted a urine specimen that was found to be positive for Amphetamines. Mr. Johnson admitted to Methamphetamine use on or about 1/2/2022.
On 2/4/2022, Mr. Johnson submitted a urine specimen that was found to be positive for Amphetamines, Cocaine, and Opiates. The sample was sent to Alere Toxicology and confirmed positive for Cocaine, Methamphetamine, and Morphine. (Grade C)
6. FAILURE TO COMPLY WITH DRUG TESTING/TREATMENT REQUIREMENTS (Date violation concluded: 1/6/2022). The defendant shall refrain from obstiucting or attempting to obshuct or tamper, in any fashion, with the efficiency and accuracy of the testing. If warranted, the defendant shall participate in a substance abuse treatment program and follow the rules and regulations of that program. The probation officer will supervise the defendant's participation in the program (including, but not limited to, provider, location, modality, duration, intensity) (unless omitted by the Court)," in that, on 1/6/2022, Mr. Johnson was found to be in possession of a urinalysis defeating device. (Grade C)
7. FAILURE TO REPORT AS DIRECTED (Date violation concluded: 11/3/2021). The defendant has violated the condition of supervision that states, "The defendant shall report to the probation officer in a manner and frequency as directed by the court or probation officer," in that, Mr. Johnson failed to report as directed to the Statesville Probation Office on 11/1/2021 and 11/3/2021. (Grade C)
The parties stipulate, pursuant to Chapter 7 Policy Statements, U.S. Sentencing Guidelines, that the defendant has a Criminal Histoiy Categoiy of VI and, if the Court finds the defendant guilty of the New Law Violation(s) set forth above, that the defendant's violations are a maximum Grade A.
Based thereon the parties stipulate, pursuant to U.S.S.G. §7B1.4, that the Guidelines range of imprisonment for a Grade A violation and a Criminal History Categoiy of VI is a term of imprisonment from 51 to 63 months. However, since the guideline range exceeds the statutory authorized term of imprisonment, the guideline range for a Grade A violation becomes 51-60 months imprisonment as to Count Is, and 24 months as to Counts 2s, 6s and 13s.
If accepted by the Court, the parties agree, pursuant to Federal Rules of Criminal Procedure 11(c)(1)(C) and 32.1, that the Court should revoke supervised release and order the defendant to be imprisoned for a period of Twenty-One (21) months, to be followed by 24 months of supervised release, as set forth below in the Agreed Sentence section of this Order. If the Court rejects this sentencing agreement, the defendant has the right to withdraw from this Agreed Order and have an evidentiary hearing on the Petition for revocation of supervised release, DEFENDANT'S ACKNOWLEDGMENT AND WAIVER
The defendant acknowledges that he has had an opportunity 1) to review the written notice of the alleged violations of supervised release and 2) to review the evidence against him/her related to those alleged violations.
The defendant further acknowledges that he is aware of the following rights and is knowingly waiving these rights in exchange for the agreed sentence:
1) The opportunity to appear personally, present evidence, and question adverse witnesses at a revocation hearing; and
2) The opportunity to make a statement personally to the Court in mitigation of sentence and to present mitigating evidence to the Court.
If the Court accepts the agreed sentence, the defendant knowingly waives the right to contest the revocation of supervised release and the defendant's sentence in any appeal or postconviction action. Claims of (1) ineffective assistance of counsel and (2) prosecutorial misconduct, and those claims only, are exempt from this waiver.
The defendant further acknowledges that the Court may impose conditions of supervised release different from or in addition to those that were imposed in the original Judgment.