Proposed Order — USA v. Western Distribution, LLC. et al (Dkt. 33.1)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 33-1 · 2021-08-24 · Docket on CourtListener

Summary

A proposed order continuing the trial date and making findings regarding excludable time periods under the Speedy Trial Act, lodged August 24, 2021 as Document 33-1 in United States of America v. Western Distribution, LLC et al., No. 5:21-cr-00170-JGB, in the U.S. District Court for the Central District of California. The proposed order recites that the Court has considered a stipulation filed by the government and the defendant on August 24, 2021 and incorporates it by reference. It sets out findings of good cause for excludable time under 18 U.S.C. § 3161, including that the defendant is absent or unavailable due to restrictions resulting from the COVID-19 pandemic. It would continue the trial from September 14, 2021 to March 1, 2022, continue the status conference to February 14, 2022, and exclude that period under 18 U.S.C. §§ 3161(h)(3)(A), (h)(7)(A), (h)(7)(B)(i), and (B)(iv).

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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 
[PROPOSED] ORDER CONTINUING TRIAL 
DATE AND FINDINGS REGARDING 
EXCLUDABLE TIME PERIODS PURSUANT 
TO SPEEDY TRIAL ACT 
[PROPOSED] TRIAL DATE: 3-1-2022 
 
 
The Court has read and considered the Stipulation Regarding 
Request for (1) Continuance of Trial Date and (2) Findings of 
Excludable Time Periods Pursuant to Speedy Trial Act, filed by the 
government and defendant CARL BRADLEY JOHANSSON (“defendant”) on 
August 24, 2021.  The Court hereby finds that the Stipulation, which 
this Court incorporates by reference into this Order, demonstrates 
Case 5:21-cr-00170-JGB     Document 33-1     Filed 08/24/21     Page 1 of 3   Page ID
#:201

 
 
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facts that support a continuance of the trial date in this matter, 
and provides good cause for a finding of excludable time pursuant to 
the Speedy Trial Act, 18 U.S.C. § 3161. 
The Court further finds 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. 
THEREFORE, FOR GOOD CAUSE SHOWN: 
1. 
The trial in this matter is continued from September 14, 
2021 to March 1, 2022.  The status conference hearing is continued to 
February 14, 2022. 
2. 
The time period of September 14, 2021 to March 1, 2022, 
inclusive, is excluded in computing the time within which the trial 
must commence, pursuant to 18 U.S.C. §§ 3161(h)(3)(A), (h)(7)(A), 
(h)(7)(B)(i), and (B)(iv). 
// 
// 
// 
 
 
 
  
Case 5:21-cr-00170-JGB     Document 33-1     Filed 08/24/21     Page 2 of 3   Page ID
#:202

 
 
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3. 
Nothing in this Order shall preclude a finding that other 
provisions of the Speedy Trial Act dictate that additional time 
periods are 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 ORDERED. 
 
 
 
 
 
DATE 
 
HONORABLE VIRGINIA A. PHILLIPS 
UNITED STATES DISTRICT JUDGE 
 
 
 
 
Presented by: 
     /s/ 
MATTHEW W. O’BRIEN 
Assistant United States Attorney 
 
 
Case 5:21-cr-00170-JGB     Document 33-1     Filed 08/24/21     Page 3 of 3   Page ID
#:203

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