Joint Stipulation to Continue Trial — USA v. Western Distribution, LLC. et al. (Dkt. 33, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 33 · 2021-08-24 · Docket on CourtListener

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TRACY L. WILKISON 
Acting United States Attorney 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
JOSEPH O. JOHNS (Cal. Bar No. 144524) 
MATTHEW W. O’BRIEN (Cal. Bar No. 261568) 
Assistant United States Attorneys 
Environmental and Community Safety Crimes Section 
1300 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-4536/8644 
Facsimile: (213) 894-0141 
E-mail: 
joseph.johns@usdoj.gov 
 
matthew.o’brien@usdoj.gov 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff, 
 
 
 
 
v. 
 
WESTERN DISTRIBUTION, LLC, 
  aka “Advanced 
Distribution            
Inc.,” and 
CARL BRADLEY JOHANSSON,  
  aka “Brad Johnson,”  
  aka “Carl Johnson,” 
  aka “C. Brad Johanson,” 
  aka “Jay Johnson,”  
  aka “Keith Golatta,” 
 
 
 
Defendants. 
ED CR No. 5:21-00170-VAP 
STIPULATION REGARDING REQUEST FOR 
(1) CONTINUANCE OF TRIAL DATE AND 
(2) FINDINGS OF EXCLUDABLE TIME 
PURSUANT TO THE SPEEDY TRIAL ACT 
CURRENT TRIAL DATE: 
9-14-21 
PROPOSED TRIAL DATE: 
3-1-22 
   
Plaintiff United States of America, by and through its counsel 
of record, the United States Attorney for the Central District of 
California and Assistant United States Attorney Matthew O’Brien and 
Joseph Johns, and defendant CARL BRADLEY JOHANSSON, aka “Brad 
Johnson,” aka “Carl Johnson,” aka “C. Brad Johanson,” aka “Jay 
Case 5:21-cr-00170-JGB     Document 33     Filed 08/24/21     Page 1 of 7   Page ID #:194

 
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Johnson,” aka “Keith Golatta” (“defendant”), by and through his 
counsel of record, Mark Werksman, Karen Sosa, and Caleb Mason, 
hereby stipulate as follows: 
1. 
The Indictment in this case was filed on July 21, 2021.  
Defendant first appeared before a judicial officer of the court in 
which the charges in this case were pending on July 8, 2021.  The 
Speedy Trial Act, 18 U.S.C. § 3161, originally required that 
defendant’s trial commence on or before September 29, 2021.   
2. 
On July 26, 2021, the Court set a trial date of September 
14, 2021 and a pretrial conference for August 30, 2021.  
3. 
Defendant is detained pending trial.  The parties estimate 
that the trial in this matter will last approximately five days.   
4. 
By this stipulation, defendant moves to continue the trial 
date to March 1, 2022 and the pretrial conference to February 14, 
2022.  This is the first request for a continuance. 
5. 
Defendant requests the continuance based upon the 
following facts, which the parties believe demonstrate good cause to 
support the appropriate findings under the Speedy Trial Act: 
a. 
In the instant case, defendant is charged with a 
violation of Conspiracy to Commit Bank Fraud/Committed while on Pre-
trial Release, in violation of 18 U.S.C. §§ 1349 and 3147, and Bank 
Fraud/Committed while on Pre-trial Release, in violation of 18 
U.S.C. §§ 1344(2) and 3147.  The government has produced discovery 
to the defense, including more than 6,800 pages of written reports, 
bank records, emails, and related documents.   
b. 
Defendant is one of four defendants scheduled to go 
to trial in a related case, United States v. National Distribution 
Services, Inc. et al., 18-CR-114(B)-VAP, on January 18, 2022.  In 
Case 5:21-cr-00170-JGB     Document 33     Filed 08/24/21     Page 2 of 7   Page ID #:195

 
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that case, the government has produced more than 900,000 pages of 
discovery to defendant, including a large amount of video footage. 
c. 
Co-defendant Western Distribution, Inc. (“WESTERN”) 
has not yet been arraigned in this case.  The government filed a 
plea agreement for WESTERN on August 12, 2021.  Defendant signed the 
plea agreement for WESTERN as WESTERN’s authorized corporate 
representative.  
d. 
The government filed a consolidated plea agreement 
for defendant on August 12, 2021, in which he agreed to plead guilty 
in the instant case as well as the related case.  Defendant was 
scheduled (along with WESTERN) to enter his guilty pleas at a 
hearing on August 13, 2021, but he had to be transported to a 
hospital by the U.S. Marshals that morning just prior to the 
hearing, due to concerns related to his health.  Defendant’s (and 
WESTERN’s) change of plea hearing was then rescheduled for August 
16, 2021, but shortly before that hearing he was placed in a 14-day 
quarantine at the West Valley Detention Center in San Bernardino 
County, California, due to a COVID-19 protocol requirement for that 
facility.  As a result of the quarantine, counsel for defendant is 
unable to communicate with him until August 30, 2021, at the 
earliest.  Defendant’s unavailability for two out of the remaining 
four weeks prior to the current trial date hinders defendant’s 
ability to plead guilty in court, or, alternatively, to prepare for 
trial in a practical, diligent, or meaningful manner. 
e. 
In light of the foregoing, counsel for defendant also 
represents that additional time is necessary to confer with 
defendant, conduct and complete an independent investigation of the 
case, conduct and complete additional legal research including for 
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potential pre-trial motions, review the discovery and potential 
evidence in the case, and prepare for trial in the event that a 
pretrial resolution does not occur.  Defense counsel represents that 
failure to grant the continuance would deny them reasonable time 
necessary for effective preparation, taking into account the 
exercise of due diligence. 
f. 
Defendant believes that failure to grant the 
continuance will deny him continuity of counsel and adequate 
representation. 
6. 
Defendant also requests the continuance based upon the 
following facts related to the COVID-19 pandemic, which the parties 
also believe demonstrate good cause to support the appropriate 
findings under the Speedy Trial Act: 
a. 
In March 2020, the Central District of California 
suspended jury trials and adopted many other restrictions to reduce 
exposure to the COVID-19 virus and slow its spread.  The measures 
were necessary to protect health and safety. 
b. 
Jury trials have resumed.  See C.D. Cal. General 
Order No. 21-07, at 3 ¶ 3 (Apr. 15, 2021).  However, there is a 
substantial backlog of cases that were continued to protect the 
public.  Moreover, the Central District has designed COVID-related 
jury trial protocols “to protect the health and safety of all trial 
participants,” and those protocols limit the number of jury trials 
that can be conducted simultaneously.  General Order 21-07, at 2-3 
¶ 4.   
c. 
Based on continued public health concerns and the 
adoption of safety protocols limiting the number of jury trials in 
order to maintain social distancing and protect all trial 
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participants, a continuance of the trial date in this matter will 
serve the ends of justice and outweigh the interests of the public 
and defendant in a speedy trial.  The parties stipulate to that 
fact, and it is consistent with the Central District’s finding.  
General Order 21-07, at 3 ¶ 4.  The parties further stipulate that 
under the extraordinary circumstances of the COVID-19 pandemic, the 
requested continuance is not based on general congestion of the 
Court’s calendar, lack of diligent preparation by counsel, or any 
failure on the part of the government to obtain available witnesses.  
The government does not object to the request for a continuance. 
d. 
Failure to grant the requested continuance would 
likely make a continuation of the proceeding impossible or result in 
a miscarriage of justice, particularly given the need for a complete 
and continuously serving jury, which is central to the sound 
administration of justice.  Failure to grant a continuance would 
also likely put parties, witnesses, jurors, venirepersons, counsel, 
and Court personnel at risk.   
e. 
Moreover, and under the specific circumstances of 
this case, a continuance is particularly appropriate here because of 
defendant’s unavailability – due to COVID-19 quarantine issues – to 
enter a guilty plea, or, in the alternative, to adequately prepare 
for trial.  
7. 
Based on all of the foregoing, for purposes of computing 
the date under the Speedy Trial Act by which defendant’s trial must 
commence, the parties agree that the time period of September 14, 
2021 to March 1, 2022, inclusive, should be excluded pursuant to 18 
U.S.C. §§ 3161(h)(3)(A), (h)(7)(A), (h)(7)(B)(i) and (h)(7)(B)(iv) 
because the delay results from a continuance granted by the Court at 
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defendant’s request, without government objection, on the basis of 
the Court’s findings that: (i) defendant is absent or unavailable 
due to restrictions or limitations resulting from the COVID-19 
pandemic; (ii) the ends of justice served by the continuance 
outweigh the best interest of the public and defendant in a speedy 
trial; (iii) failure to grant the continuance would be likely to 
make a continuation of the proceeding impossible, or result in a 
miscarriage of justice; and (iv) failure to grant the continuance 
would unreasonably deny defendant continuity of counsel and would 
deny defense counsel the reasonable time necessary for effective 
preparation, taking into account the exercise of due diligence. 
8. 
Nothing in this stipulation shall preclude a finding that 
other provisions of the Speedy Trial Act dictate that additional 
time periods be excluded from the period within which trial must 
commence.  Moreover, the same provisions and/or other provisions of 
the Speedy Trial Act may in the future authorize the exclusion of 
additional time periods from the period within which trial must 
commence 
IT IS SO STIPULATED 
Dated: August 24, 2021 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
   /s/    
 
MATTHEW W. O’BRIEN 
JOSEPH O. JOHNS 
Assistant United States Attorney 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
Case 5:21-cr-00170-JGB     Document 33     Filed 08/24/21     Page 6 of 7   Page ID #:199

 
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I am defendant CARL BRADLEY JOHANSSON’s attorney.  Although my 
client is currently in quarantine at the West Valley Detention 
Center and inaccessible, I have previously explained to him in 
detail his Speedy Trial rights and the potential need for a 
continuance of the current trial date.  To my knowledge, my client 
understands those Speedy Trial rights and agrees to waive them.  I 
believe that my client’s decision to give up the right to be brought 
to trial earlier than March 1, 2022 is an informed and voluntary 
one. 
/s/ (Mark Werksman, via email authorization)  August 23, 2021 
MARK WERKSMAN 
CALEB MASON 
KAREN SOSA 
Attorneys for Defendant 
CARL BRADLEY JOHANSSON 
Date 
 
 
 
 
 
Case 5:21-cr-00170-JGB     Document 33     Filed 08/24/21     Page 7 of 7   Page ID #:200

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