Notice of Motion and Motion to Continue Sentencing — USA v. Western Distribution, LLC. et al. (Dkt. 82, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 82 · 2022-09-30 · Docket on CourtListener

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EDWARD M. ROBINSON (CA Bar 126244) 
Brian A. Robinson (CA Bar 333650) 
21515 Hawthorne Blvd, Suite 730 
Torrance, CA 90503 
Office:  (310) 316-9333 
Facsimile: (310) 316-6442 
eroblaw@gmail.com 
Attorneys for Defendants 
Carl Bradley Johansson   
UNITED STATES DISTRICT COURT 
CENTRAL DISTRICT OF CALIFORNIA 
WESTERN DIVISION 
UNITED STATES OF AMERICA, 
Plaintiff, 
 
v. 
WESTERN DISTRIBUTION, CCL., et 
al.  
Defendant. 
 
Case No. 5:18-00114-VAP 
Case No. 5:21-00170-VAP 
DEFENDANT CARL BRADLEY 
JOHANSSON’S MOTION TO 
CONTINUE SENTENCING; 
DECLARATION OF COUNSEL IN 
SUPPORT 
DATE: October 24, 2022 
TIME: 10:00 a.m. 
Courtroom of the  
Honorable Virginia A. Phillips 
Case 5:21-cr-00170-JGB     Document 82     Filed 09/30/22     Page 1 of 5   Page ID #:593

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PLEASE TAKE NOTICE that defendant, Carl Bradley Johansson, through his 
counsel Edward M. Robinson, hereby requests a 30-day continuance for sentencing. 
This request is based upon this notice and the attached declaration of counsel. 
Respectfully submitted, 
DATED:  September 30, 2022 
By   /s/ Edward M. Robinson 
Edward M. Robinson 
Brian A. Robinson 
Attorneys for Defendant 
Carl Bradley Johansson  
Case 5:21-cr-00170-JGB     Document 82     Filed 09/30/22     Page 2 of 5   Page ID #:594

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Declaration of Edward M. Robinson 
          I, Edward M. Robinson, hereby declare as follows: 
1.
My office was retained by Mr. Johansson on August 8, 2022, in Case
Nos. 5:18-cr-00114-VAP and 5:21-cr-00170-VAP.  
2.
Mr. Johansson entered his guilty plea on and pled guilty to counts one,
two, and four of the Second Superseding Indictment. (Doc. 264) 
3.
Mr. Johansson’s original sentencing date, May 9, 2022, was continued
on April 12, 2022, and was set for August 22, 2022. In the time between his guilty plea 
and his August sentencing date, Mr. Johansson did not speak with counsel other than on 
video during his Presentence investigation and he did not review the draft Presentence 
Report prepared by Probation and disclosed on April 4, 2022.  
4.
Mr. Johansson made multiple requests to have prior counsel withdrawn.
Rulings on Ex Parte requests were ruled on the day my office, through my associate 
Brian Robinson, substituted as counsel.  
5.
In preparation for sentencing, we have, among other things, ordered and
received the transcript of Mr. Johansson’s consolidated plea of guilty. My associate 
Brian Robinson submitted the transcript order form for expedited delivery on August 
23, 2022 and sent a check on the same date. The check was received on August 29, 
2022. The transcript was produced on September 13, 2022. Prior to reviewing that 
transcript, and based upon observations of counsel, Mr. Johansson’s family retained Dr. 
Paul Lane to conduct an independent forensic psychological evaluation of Mr. 
Johansson. The time of Mr. Johansson’s guilty plea, this Court observed behavior of 
Mr. Johansson and inquired directly about Mr. Johansson’s mental state. Apparently, in 
light of those observations and inquiry, this Court ordered a psychological evaluation of 
Mr. Johansson. No such evaluation was ever performed. 
6.
With respect to the forensic psychological evaluation, Dr. Lane
immediately applied to MDC LA for clearance to enter the facility to conduct his 
Case 5:21-cr-00170-JGB     Document 82     Filed 09/30/22     Page 3 of 5   Page ID #:595

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testing and evaluation. Dr. Lane contacted MDCLA on August 30 and was informed by 
Dr. Samantha Shelton, chief MDC psychologist, that he must provide information to 
secure entry. On September 7, multiple correspondence between counsel and MDCLA 
were exchanged to secure permission for Dr. Lane to enter MDCLA to conduct his 
testing and evaluation. After multiple communications and submission of the 
application on September 8, there was a brief period where there was no 
communication. On September 20, Dr. Lane, at counsel’s request, called MDCLA 
concerning the status of the application. That same day MDCLA informed Dr. Lane 
that his application was approved. Dr. Lane met with Mr. Johansson at MDCLA on 
September 24 for 2 hours. Dr. Lane is scheduled to meet with Mr. Johansson on Friday, 
September 30 to conclude his interview and testing in order to prepare the evaluation.   
7.
Brian Robinson traveled to the office in Newport dedicated to housing
the discovery on multiple occasions to review the voluminous discovery in this matter. 
August 18, 2022, he spent 5 hours reviewing discovery. On August 25 he spent 3 hours 
reviewing discovery. On September 12, he spent 7 hours reviewing discovery. On 
September 13 he spent 6 hours reviewing discovery and 2 hours in a meeting with a 
potential expert in this matter. Brian Robinson has met with Mr. Johansson in MDC on 
two separate occasions on August 22 and September 2.  
8.
Beginning on August 8, I, and my associate Brian Robinson, have met
with Mr. Johansson six times. At those meetings we have reviewed with Mr. 
Johansson, for his first time with counsel, the Presentence Report, disclosed 
recommendation letter, and the governments objections and opposition to the 
Presentence Report. We have also continuously met with Mr. Johansson’s investigators 
and civil attorney at their office in Orange County to review the voluminous discovery 
in this case. (Doc. 268, pg. 4, ¶¶ 19-23.) My associate Brian Robinson has been to the 
office where the discovery is held four times and spent a total of 21 hours reviewing 
and collecting discovery. I have been there once for approximately 7 hours collecting 
and reviewing discovery. My associate and I have spent a significant amount of time 
Case 5:21-cr-00170-JGB     Document 82     Filed 09/30/22     Page 4 of 5   Page ID #:596

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reviewing the discovery that we obtained from the office. We have also reviewed the 
motions on file with this Court and most particularly how the motions and discovery 
relate to the consolidated plea agreement as well as the presentence report.  
9.
Mr. Johansson’s psychological condition is directly relevant to his
“personal history and characteristics.” 18 U.S.C. § 3553(a). In order to properly address 
the Presentence Report, the Probation departments request for an upward variance 
pursuant to 18 U.S.C. § 3553(a), as well as the government’s position and 
recommended variance, an additional 30-days from the sentencing date on October 24 
to either November 21 or November 28, whichever is most convenient for the court, is 
needed to receive Dr. Lane’s report, continue the review of the relevant discovery, and 
properly advise Mr. Johansson with respect to the Presentence Report and the USPO’s 
and government’s request for an upward variance.  
10.
Counsel has been diligent and expeditious in these efforts. This
requested continuance is not for the purpose of delay.  
11.
On September 30, 2022, I spoke with AUSA Matthew O’Brien and
notified him that I would be requesting this continuance. AUSA O’Brien informed me 
that the government will object. 
I declare under penalty of perjury that the foregoing is true and correct to the best 
of my knowledge.  
Executed on September 30, 2022, in Torrance, California.  
     By   /s/ Edward M. Robinson 
Edward M. Robinson 
Brian A. Robinson 
Attorneys for Defendant 
Carl Bradley Johansson   
Case 5:21-cr-00170-JGB     Document 82     Filed 09/30/22     Page 5 of 5   Page ID #:597

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