Reply in support Notice of Motion and Motion — USA v. Western Distribution, LLC. et al. (Dkt. 84, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 84 · 2022-10-03 · 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. 
 
NATIONAL DISTRIBUTION, INC., et 
al.  
 
 
 
Defendant. 
 
 
Case No. 5:18-00114-VAP 
Case No. 5:21-00170-VAP 
 
 
DEFENDANT CARL BRADLEY 
JOHANSSON’S REPLY TO 
GOVERNMENT’S OPPOSITION TO 
MOTION TO CONTINUE 
SENTENCING 
 
DATE: October 24, 2022 
TIME: 10:00 a.m. 
Courtroom of the  
Honorable Virginia A. Phillips 
 
 
 
 
 
 
Counsel for Mr. Johansson tenders this reply to the government’s opposition to 
counsel’s request for a very brief continuance.  
 
As set forth in the declaration of counsel attached to Mr. Johansson’s motion to 
continue (Doc. 82), counsel has been expeditious and diligent in reviewing the massive 
amount of discovery in preparation for Mr. Johansson’s sentencing. Concurrent with 
this review of discovery, counsel, through the Johansson family, immediately retained 
Dr. Paul Lane for his forensic evaluation of Mr. Johansson. Through no fault of the 
Case 5:21-cr-00170-JGB     Document 84     Filed 10/03/22     Page 1 of 3   Page ID #:604

 
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MDC, the government, or Mr. Johansson, permission to enter the facility took time. Dr. 
Lane has finished his visits where he interviewed and tested Mr. Johansson and, at the 
request of counsel, is diligently concluding his work and should have a report as early 
as next week.  
 
The nature and circumstances of this offense, especially the government’s 
position paper and objections to the PSR, contain a number of facts and positions that 
are outside the parameters of Mr. Johansson’s stipulated factual basis. Mr. Johansson’s 
personal history and characteristics, particularly his mental state, are intertwined, to a 
degree, with counsel’s response to the government’s claims above and beyond those 
raised by Mr. Johansson’s factual basis and guilty plea.  
 
The government’s claim that this request for a short continuance should be 
denied because the “purported justifications” was “foreseeable months ago” assumes a 
lack of diligence on counsel’s part. The fact that counsel immediately ordered the 
transcript and promptly made efforts to retain Dr. Lane and arrange for the 
psychological evaluation belies the government’s implication that this delay is the 
product of any lack of diligence. The fact that these issues were not addressed by prior 
counsel should not prejudice current counsel or Mr. Johansson.  
 
As Mr. Johansson’s position paper is currently due on October 14, 2022, a very 
brief continuance is requested to give counsel time to receive the completed 
psychological evaluation report and adequately prepare Mr. Johansson’s position paper. 
 
For these reasons, in order to properly prepare for Mr. Johansson’s 
individualized sentence per 18 U.S.C. § 3553(a), counsel requests that this Court grant 
this very short continuance.   
// 
// 
// 
 
 
Case 5:21-cr-00170-JGB     Document 84     Filed 10/03/22     Page 2 of 3   Page ID #:605

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Dated: October 3, 2022, 
Respectfully submitted, 
     By   /s/ Edward M. Robinson 
Edward M. Robinson 
Brian A. Robinson 
Attorneys for Defendant 
Carl Bradley Johansson   
Case 5:21-cr-00170-JGB     Document 84     Filed 10/03/22     Page 3 of 3   Page ID #:606

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