Opinion
0980 2:18CR00018-WFN-1
12-14-2023
United States v. David Edward Johnson
David Michael Herzog Asst. U.S. Attorney Colin G. Prince Defense Attorney
David Michael Herzog Asst. U.S. Attorney
Colin G. Prince Defense Attorney
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Wm. Fremming Nielsen, Senior U.S. District Judge
Date of Original Sentence: March 25, 2019
Original Offense: Felon in Possession of Firearms and Ammunition, 18 U.S.C. §§ 922(g)(1), 924(a)(2)
Original Sentence: Prison - 37 months
TSR - 36 months
Type of Supervision: Supervised Release
PETITIONING THE COURT
To issue a summons and to incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court on 4/20/2023, 5/10/2023 and 9/15/2023.
On December 27, 2021, an officer with the U.S. Probation Office in Spokane, Washington, reviewed a copy of the conditions of supervision with Mr. Johnson, as outlined in the judgment and sentence. He signed the judgment acknowledging his understanding of the conditions.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
14 Special Condition #3 : You must abstain from the use of illegal controlled substances, and must submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence : On October 23, 2023, David Johnson allegedly violated special condition number 3 by failing to report for phase urinalysis (UA) testing when his assigned color was identified for testing.
On the morning of October 24, 2023, this officer received notification from Pioneer Human Services (PHS) that Mr. Johnson had failed to report for phase urinalysis testing on October 23, 2023, when his assigned color was identified.
At approximately 9:29 a.m., this officer called both phone numbers on file for the offender, but received no answer. He was then sent a text message (to each phone number) advising that he was marked as a failure to report for phase UA testing the day prior, so this officer was attempting to have him report for random UA testing in order to excuse the missed test. Mr. Johnson did not answer or respond.
At approximately 11:37 a.m. this officer again tried calling both phone numbers, but was unsuccessful in reaching the offender.
At 3:54 p.m., the offender sent a text message to this officer stating he was “just leaving woods bad service will call u when in better reception.” The text further read: “I'm sorry on the miss...I'm to far away to make it so I understand what u have to do but this is almost over and I'll be off ur books.” This officer tried calling 12 minutes later, and although it rang, there was no answer.
Despite advising that he would “call (this officer) when in better reception,” Mr. Johnson made no attempt to contact this officer on October 24, 2023. He later claimed he did not want to contact this officer after close-of-business at 5 p.m., but that suggestion seemed odd as he has previously sent this officer a text message as late as 9 p.m.
The offender could not be contacted until the next day, on October 25, 2023. It should be noted that had he responded to this officer on October 24, 2023, he could have been sent to PHS, where urinalysis testing can be done as late as 7 p.m.
The U.S. Probation Office respectfully recommends the Court to incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court, and that the Court issue a summons requiring the offender to appear to answer to the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Amber M.K. Andrade U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[X] The Issuance of a Summons
[X] The incorporation of the violation(s) contained in this petition with the other violations pending before the Court.
[ ] Defendant to appear before the Judge assigned to the case.
[X] Defendant to appear before the Magistrate Judge.
[ ] Other