Government's Opposition to Defendants Carl Bradley Johansson's — USA v. Western Distribution, LLC. et al. (Dkt. 56, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 56 · 2022-07-28 · Docket on CourtListener

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STEPHANIE S. CHRISTENSEN 
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. 
NATIONAL DISTRIBUTION SERVICES, 
INC.,  
  aka “NDSI,”   
WHOLESALE DISTRIBUTION, INC., 
  dba “Quality Services,” 
CARL BRADLEY JOHANSSON, 
  aka “Brad Johnson,”  
  aka “Carl Johnson,” 
  aka “C. Brad Johanson,” 
  aka “Keith Golatta,” 
ENRIQUE GARCIA, 
  aka “Henry Garcia,” and 
DONALD CAMERON SPICER, 
 
Defendants. 
 
And the additional following 
case 
CR No. 5:18-00114(B)-VAP 
CR No. 5:21-00170-VAP 
GOVERNMENT’S OPPOSITION TO 
DEFENDANT CARL BRADLEY JOHANSSON’S 
EX PARTE APPLICATION  
Case 5:21-cr-00170-JGB     Document 56     Filed 07/28/22     Page 1 of 3   Page ID #:305

 
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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. 
 
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 Attorneys Matthew O’Brien and 
Joseph Johns, hereby submits this opposition to the sealed ex parte 
application filed by defendant CARL BRADLEY JOHANSSON (“JOHANSSON”) 
on or about July 27, 2022, based on the following grounds. 
On August 12, 2021, the government filed JOHANSSON’s plea 
agreement.  (Dkt. No. 264.)  After several unsuccessful change of 
plea hearings, JOHANSSON pled guilty on September 29, 2021.  The 
Court scheduled his sentencing for May 9, 2022.  (See Dkt. No. 282.)  
On April 4, 2022, the Probation Office disclosed its Presentence 
Report and letter for JOHANSSON, recommending an above-Guidelines 
sentence of 90 months in prison.  (Dkt. Nos. 305, 306.)   
On April 12, 2022, JOHANSSON filed a stipulation in which the 
parties agreed – at JOHANSSON’s request – to continue his sentencing 
from May 9, 2022 to August 22, 2022 because JOHANSSON “wishe[d] to 
retain new counsel to prepare for his sentencing” and he therefore 
Case 5:21-cr-00170-JGB     Document 56     Filed 07/28/22     Page 2 of 3   Page ID #:306

 
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“need[ed] time either to resolve this conflict or for new counsel to 
prepare for the sentencing.”  (Dkt. No. 314, ¶¶ 3, 4.)  
The ex parte application that JOHANSSON filed on or about July 
27, 2022 is therefore untimely.  JOHANSSON has had four months to 
address the issues raised in the application.  He has had almost an 
entire year to prepare for his sentencing.  The government is 
concerned that JOHANSSON simply does not want to be sentenced, and is 
seeking to postpone his sentencing date indefinitely.1   
The parties’ sentencing memoranda are due on August 1, 2022.  
The government intends to file its memorandum by that date and seeks 
to proceed with JOHANSSON’s sentencing on August 22, 2022.  
 
Dated: July 28, 2022 
Respectfully submitted, 
 
STEPHANIE S. CHRISTENSEN 
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 Attorneys 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
 
1 To be clear, the government’s concerns are based on JOHANSSON 
himself, not his current counsel.  
Case 5:21-cr-00170-JGB     Document 56     Filed 07/28/22     Page 3 of 3   Page ID #:307

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