Notice of Appeal to Appellate Court — USA v. Western Distribution, LLC. et al. (Dkt. 111, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 111 · 2022-12-09 · Docket on CourtListener

Full text

A-2 (01/07)
NOTICE OF APPEAL
Name
Address
City, State, Zip 
Phone
Fax 
E-Mail
G FPD
G Appointed
G CJA
G Pro Per
G Retained
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
PLAINTIFF(S),
v.
DEFENDANT(S).
CASE NUMBER: 
NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN that 
 hereby appeals to
Name of Appellant
the United States Court of Appeals for the Ninth Circuit from:
Criminal Matter
Civil Matter
G Conviction only [F.R.Cr.P. 32(j)(1)(A)]
Conviction and Sentence
G Sentence Only (18 U.S.C. 3742)
G Pursuant to F.R.Cr.P. 32(j)(2)
G Interlocutory Appeals
G Sentence imposed:
G Bail status:
G Order (specify):
G Judgment (specify):
G Other (specify):
Imposed or Filed on 
.  Entered on the docket in this action on 
.
A copy of said judgment or order is attached hereto.
Date
Signature
G Appellant/ProSe
G Counsel for Appellant
G Deputy Clerk
Note:
The Notice of Appeal shall contain the names of all parties to the judgment or order and the names and addresses of the
attorneys for each party.  Also, if not electronically filed in a criminal case,  the Clerk shall be furnished a sufficient number
of copies of the Notice of  Appeal to permit prompt compliance with the service requirements of FRAP 3(d).
Edward M Robinson
21515 Hawthorne Blvd, Ste 730
Torrance, CA 90503
310-316-9333
eroblaw@gmail.com
✘
United States 
21-00170-VAP
Carl Bradley Johansson
Carl Bradley Johansson
G 
December 5, 2022
December 5, 2022
December 7, 2022
/s/ Edward M Robinson
✘
x
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 1 of 8   Page ID #:909

CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 1 of 7 
United States District Court 
Central District of California
UNITED STATES OF AMERICA vs. 
Docket No. 
ED CR 18-114(B)-VAP-3 
ED CR 21-170-VAP-2 
Defendant 
CARL BRADLEY JOHANSSON 
Social Security No. 0 
7 
7 
1 
akas: Johnson, Brad; Golatta, Keith 
(Last 4 digits) 
JUDGMENT AND PROBATION/COMMITMENT ORDER 
MONTH 
DAY
YEAR
In the presence of the attorney for the government, the defendant appeared in person on this date. 
11 
29 
2022 
COUNSEL
RTND Edward Robinson
(Name of Counsel) 
PLEA 
 x  GUILTY, and the court being satisfied that there is a factual basis for the plea. 
NOLO 
CONTENDERE 
NOT 
GUILTY
FINDING 
 There being a finding/verdict of  GUILTY, defendant has been convicted as charged of the offense(s) of: 
Conspiracy, in violation of 18 U.S.C. § 371, Welding without Required Certifications, in Violation of 49 
U.S.C. § 5124 and 49 C.F.R. § 180.413 (a) (1), and Tax Evasion, in violation of 26 U.S.C. § 7201, as 
charged in Counts One, Two, and Four of the Second Superseding Indictment in EDCR 18-114(B)-VAP. 
Consiparicy 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, as charged in Counts One and Three of the Indictment in EDCR21-170-VAP.
JUDGMENT 
AND PROB/ 
COMM 
ORDER 
The Court asked whether there was any reason why judgment should not be pronounced.  Because no sufficient cause to the 
contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered 
that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to 
the custody of the Bureau of Prisons to be imprisoned for a term of: 120 months
on Counts 1, 2, and 4 of the Second Superseding Indictment filed in EDCR18-114(B)-VAP and Counts 
1 and 3 of the Indictment filed in EDCR21-170-VAP. 
This term consists of the following: 60 months on Counts 1 and 4 of the Second Superseding 
Indictment filed in Docket No. 0973; EDCR18-114(B)-VAP, and 114 months on Count 2 of the 
Second Superseding Indictment filed in Docket No. 0973; EDCR18-114(B)-VAP and Counts 1 and 3 
of the Indictment filed in Docket No. 0973; EDCR21-170-VAP, to be served concurrently with each 
other, and 6 months for the statutory sentencing enhancement under 18 U.S.C. § 3147, to be served 
consecutively to the terms on Counts 1, 2, and 4 of the Second Superseding Indictment filed in Docket 
No. 0973; EDCR18-114(B)-VAP, and Counts 1 and 3 of the Indictment filed in Docket No. 0973; 
EDCR21-170-VAP. 
( )
ED CR 21-170-VAP-2
Case 5:21-cr-00170-VAP   Document 110   Filed 12/05/22   Page 1 of 7   Page ID #:902
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 2 of 8   Page ID #:910

USA vs. 
Carl Bradley Johansson 
Docket No.: 
EDCR 18-114-VAP-3 / EDCR21-170-VAP-2 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 2 of 7 
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 
five (5) years. This term consists of five years on each of Counts 1, 2, and 4 of the Second 
Superseding Indictment filed in Docket No. 0973; EDCR18-114(B)-VAP, and Counts 1 and 3 of the 
Indictment filed in Docket No. 0973; EDCR21-170-VAP, all such terms to run concurrently under the 
following terms and conditions: 
It is ordered that the defendant shall pay to the United States a special assessment of $500, which is 
due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of 
not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility 
Program. 
It is ordered that the defendant shall pay restitution in the total amount of $1,252,979, pursuant to 18 
U.S.C. § 3663A. 
The amount of restitution ordered shall be paid as follows: 
Victim  
 
 
Amount 
IRS 
$298,562 
BAC Community Bank  $667,917 
Bank of the West 
$286,500 
If the defendant makes a partial payment, each payee shall receive approximately proportional 
payment unless another priority order or percentage payment is specified in this judgment.  
The Court finds from a consideration of the record that the defendant's economic circumstances allow 
for restitution payments pursuant to the following schedule: Restitution shall be due during the period 
of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons’ 
Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release 
from custody, nominal monthly payments of at least 10% of defendant’s gross monthly income but 
not less than $100, whichever is greater, shall be made during the period of supervised release. These 
payments shall begin 90 days after the commencement of supervision. Nominal restitution payments 
are ordered as the Court finds that the defendant’s economic circumstances do not allow for the either 
immediate or future payment of the amount ordered. 
Pursuant to 18 USC § 3612(f)(3)(A), interest on the restitution ordered is waived because the 
defendant does not have the ability to pay interest. Payments may be subject to penalties for default 
and delinquency pursuant to 18 USC § 3612(g). 
With respect to the restitution owed to victim BAC Community Bank, the defendant shall be held 
jointly and severally liable with convicted codefendant, Western Distribution, LLC (Docket No. 0973; 
EDCR21-170-VAP) for the amount of restitution ordered in this judgment. 
Case 5:21-cr-00170-VAP   Document 110   Filed 12/05/22   Page 2 of 7   Page ID #:903
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 3 of 8   Page ID #:911

USA vs. 
Carl Bradley Johansson 
Docket No.: 
EDCR 18-114-VAP-3 / EDCR21-170-VAP-2 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 3 of 7 
The victims’ recovery is limited to the amount of their loss and the defendant's liability for restitution 
ceases if and when the victims receive full restitution. 
The defendant shall comply with Second Amended General Order No. 20-04. 
All fines are waived as the Court finds that the defendant does not have the ability to pay a fine in 
addition to restitution. 
The Court has found that the property identified in the preliminary order of forfeiture in Docket No. 
0973; EDCR21-170-VAP is subject to forfeiture. The preliminary order is incorporated by reference 
into this judgment and is final. 
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant 
and provide all necessary treatment. 
1.
The defendant shall comply with the rules and regulations of the United States Probation &
Pretrial Services Office and Second Amended General Order 20-04.
2.
During the period of community supervision, the defendant shall pay the special assessment and
restitution in accordance with this judgment's orders pertaining to such payment.
3.
The defendant shall cooperate in the collection of a DNA sample from the defendant.
4.
The defendant shall apply all monies received from income tax refunds, lottery winnings,
inheritance, judgments and any other financial gains to the Court-ordered financial obligation.
5.
The defendant shall participate in mental health treatment, which may include evaluation and
counseling, until discharged from the treatment by the treatment provider, with the approval of the
Probation Officer.
6.
As directed by the Probation Officer, the defendant shall pay all or part of the costs of the
Court-ordered treatment to the aftercare contractors during the period of community supervision. The
defendant shall provide payment and proof of payment as directed by the Probation Officer. If the
defendant has no ability to pay, no payment shall be required.
7.
The defendant shall not engage, as whole or partial owner, employee or otherwise, in any
business involving the transportation of hazardous materials of any kind without the express approval
of the Probation Officer prior to engaging in such employment. Further, the defendant shall provide
the Probation Officer with access to any and all business records, client lists, and other records
pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by
the Probation Officer.
Case 5:21-cr-00170-VAP   Document 110   Filed 12/05/22   Page 3 of 7   Page ID #:904
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 4 of 8   Page ID #:912

USA vs. 
Carl Bradley Johansson 
Docket No.: 
EDCR 18-114-VAP-3 / EDCR21-170-VAP-2 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 4 of 7 
8.
The defendant shall submit the defendant's person, property, residence, vehicle, papers, or other
areas under the defendant's control, to a search conducted by a United States Probation Officer or law
enforcement officer. Failure to submit to a search may be grounds for supervised release. The
defendant shall warn any other occupants that the premises may be subject to searches pursuant to this
condition. Any search pursuant to this condition will be conducted at a reasonable time and in a
reasonable manner upon reasonable suspicion that the defendant has violated a condition of his
supervision and that the areas to be searched contain evidence of this violation.
The drug testing condition mandated by statute is suspended based on the Court's determination that 
the defendant poses a low risk of future substance abuse. 
Based on the government's motion, all remaining counts and underlying Indictment are ordered 
dismissed as to this defendant only. 
The Court recommends that the defendant be designated to a Southern California facility. 
The defendant is advised of the right to appeal. 
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and 
Supervised Release within this judgment be imposed.  The Court may change the conditions of supervision, reduce or extend the period of 
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke 
supervision for a violation occurring during the supervision period. 
12/05/22 
Date 
Virginia A. Phillips, U. S. District Judge 
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer. 
12/05/22 
By 
Clerk, U.S. District Court 
Filed Date 
Deputy Clerk 
Case 5:21-cr-00170-VAP   Document 110   Filed 12/05/22   Page 4 of 7   Page ID #:905
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 5 of 8   Page ID #:913

USA vs. 
Carl Bradley Johansson 
Docket No.: 
EDCR 18-114-VAP-3 / EDCR21-170-VAP-2 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 5 of 7 
The defendant must comply with the standard conditions that have been adopted by this court (set forth below). 
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE 
While the defendant is on probation or supervised release pursuant to this judgment: 
1.
The defendant must not commit another federal, state, or local crime;
2.
The defendant must report to the probation office in the federal
judicial district of residence within 72 hours of imposition of a
sentence of probation or release from imprisonment, unless
otherwise directed by the probation officer;
3.
The defendant must report to the probation office as instructed by the 
court or probation officer;
4.
The defendant must not knowingly leave the judicial district without
first receiving the permission of the court or probation officer;
5.
The defendant must answer truthfully the inquiries of the probation
officer, unless legitimately asserting his or her Fifth Amendment
right against self-incrimination as to new criminal conduct;
6.
The defendant must reside at a location approved by the probation
officer and must notify the probation officer at least 10 days before
any anticipated change or within 72 hours of an unanticipated change 
in residence or persons living in defendant’s residence;
7.
The defendant must permit the probation officer to contact him or her 
at any time at home or elsewhere and must permit confiscation of
any contraband prohibited by law or the terms of supervision and
observed in plain view by the probation officer;
8.
The defendant must work at a lawful occupation unless excused by
the probation officer for schooling, training, or other acceptable
reasons and must notify the probation officer at least ten days before
any change in employment or within 72 hours of an unanticipated
change;
9.
The defendant must not knowingly associate with any persons
engaged in criminal activity and must not knowingly associate with
any person convicted of a felony unless granted permission to do so
by the probation officer. This condition will not apply to intimate
family members, unless the court has completed an individualized
review and has determined that the restriction is necessary for
protection of the community or rehabilitation;
10.
The defendant must refrain from excessive use of alcohol and must
not purchase, possess, use, distribute, or administer any narcotic or
other controlled substance, or any paraphernalia related to such
substances, except as prescribed by a physician;
11.
The defendant must notify the probation officer within 72 hours of
being arrested or questioned by a law enforcement officer;
12.
For felony cases, the defendant must not possess a firearm,
ammunition, destructive device, or any other dangerous weapon;
13.
The defendant must not act or enter into any agreement with a law
enforcement agency to act as an informant or source without the
permission of the court;
14.
The defendant must follow the instructions of the probation officer
to implement the orders of the court, afford adequate deterrence from 
criminal conduct, protect the public from further crimes of the
defendant; and provide the defendant with needed educational or
vocational training, medical care, or other correctional treatment in
the most effective manner.
Case 5:21-cr-00170-VAP   Document 110   Filed 12/05/22   Page 5 of 7   Page ID #:906
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 6 of 8   Page ID #:914

USA vs. 
Carl Bradley Johansson 
Docket No.: 
EDCR 18-114-VAP-3 / EDCR21-170-VAP-2 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 6 of 7 
The defendant must also comply with the following special conditions (set forth below). 
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS 
The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or 
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject 
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable 
for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money 
order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments 
must be delivered to:  
United States District Court, Central District of California 
Attn: Fiscal Department 
255 East Temple Street, Room 1178 
Los Angeles, CA 90012 
or such other address as the Court may in future direct. 
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the 
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613. 
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or 
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F). 
The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the 
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k). 
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, 
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C. 
§ 3563(a)(7).
Payments will be applied in the following order: 
1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate), 
Providers of compensation to non-federal victims, 
The United States as victim; 
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS 
As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit 
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement, 
with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan 
or open any line of credit without prior approval of the Probation Officer. 
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the 
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business 
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance 
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or 
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the 
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening, 
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s 
behalf. 
The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without 
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full. 
These conditions are in addition to any other conditions imposed by this judgment. 
Case 5:21-cr-00170-VAP   Document 110   Filed 12/05/22   Page 6 of 7   Page ID #:907
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 7 of 8   Page ID #:915

USA vs. 
Carl Bradley Johansson 
Docket No.: 
EDCR 18-114-VAP-3 / EDCR21-170-VAP-2 
 
 
 
CR-104 (docx 12/20) 
JUDGMENT & PROBATION/COMMITMENT ORDER 
Page 7 of 7 
 
 
RETURN 
 
I have executed the within Judgment and Commitment as follows: 
Defendant delivered on 
 
to 
 
Defendant noted on appeal on 
 
Defendant released on 
 
Mandate issued on  
 
Defendant’s appeal determined on 
 
Defendant delivered on 
 
to 
 
at 
 
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment. 
 
 
By 
United States Marshal 
 
Date 
 
Deputy Marshal 
CERTIFICATE 
 
I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my 
legal custody. 
 
 
By 
Clerk, U.S. District Court 
 
Filed Date 
 
Deputy Clerk 
 
 
 
FOR U.S. PROBATION OFFICE USE ONLY 
 
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of 
supervision, and/or (3) modify the conditions of supervision. 
 
 
 
These conditions have been read to me.  I fully understand the conditions and have been provided a copy of them. 
 
 
 
 
(Signed)  
 
 
 
 
 
 
 
 Defendant 
 
 
 
 
 
 
 Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 U. S. Probation Officer/Designated Witness  
 
 
 Date
Case 5:21-cr-00170-VAP   Document 110   Filed 12/05/22   Page 7 of 7   Page ID #:908
Case 5:21-cr-00170-JGB     Document 111     Filed 12/09/22     Page 8 of 8   Page ID #:916

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