Application for Leave to File Excess Pages — USA v. Western Distribution, LLC. et al. (Dkt. 144, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 5:21-cr-00170-JGB · Doc. 144 · 2025-08-28 · Docket on CourtListener

Full text

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BILAL A. ESSAYLI 
Acting United States Attorney 
CHRISTINA T. SHAY 
Assistant United States Attorney 
Chief, Criminal Division 
MATTHEW O'BRIEN (Cal. Bar No. 261568) 
Assistant United States Attorney 
Environmental Crimes and Consumer Protection Section  
1400 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-8644 
Facsimile: (213) 894-0141 
E-mail: 
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/Respondent, 
v. 
CARL BRADLEY JOHANSSON, 
  aka “Brad Johnson,”  
  aka “Carl Johnson,” 
  aka “C. Brad Johanson,” 
  aka “Jay Johnson,”  
  aka “Keith Golatta, 
 
Defendant/Petitioner. 
No. 5:18-CR-00114-JGB 
   5:21-CR-00170-JGB 
   5:24-CV-02550-JGB 
   5:24-CV-02552-JGB 
GOVERNMENT’S APPLICATION TO FILE 
BRIEF IN EXCESS OF 25 PAGES; 
DECLARATION OF MATTHEW O’BRIEN 
 
 
Plaintiff United States of America, by and through its counsel 
of record, the Acting United States Attorney for the Central District 
of California and Assistant United States Attorney Matthew O’Brien, 
hereby applies to the Court, pursuant to Local Rule 11-6, for leave 
to file its Opposition to Defendant Carl Bradley Johansson’s Motion 
to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 
§ 2255, which is a brief in excess of 25 pages, for good cause. 
Case 5:21-cr-00170-JGB     Document 144     Filed 08/28/25     Page 1 of 4   Page ID
#:1225

 
2 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This application is based on the attached declaration of Matthew 
O’Brien, and the files and records in these cases, and such further 
evidence and argument as the Court may permit. 
As of the time of the filing of this application, government 
counsel has not been able to determine petitioner’s position.    
Dated: August 28, 2025 
Respectfully submitted, 
 
BILAL A. ESSAYLI 
Acting United States Attorney 
 
CHRISTINA T. SHAY 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
      /s/ 
 
MATTHEW W. O’BRIEN 
Assistant United States Attorney 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
 
Case 5:21-cr-00170-JGB     Document 144     Filed 08/28/25     Page 2 of 4   Page ID
#:1226

 
 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF MATTHEW O’BRIEN 
I, MATTHEW O’BRIEN, declare as follows: 
1. 
I am an Assistant United States Attorney in the United 
States Attorney’s Office for the Central District of California.  I 
represent the government in this matter. 
2. 
I make this declaration in support of the government’s 
application to file the government’s Opposition to Petitioner’s 
Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 
U.S.C. § 2255 (the “Opposition”), which is a brief in excess of 25 
pages, pursuant to Local Rule 11-6. 
3. 
Petitioner’s Motion is 61-pages long, not including 
exhibits.  It alleges a wide range of ineffective assistance of 
counsel by three of Petitioner’s attorneys in two different criminal 
cases over a period of several years in both the district court and 
on appeal.  
4. 
I have attempted to present the government’s arguments in 
opposition to Petitioner’s Section 2255 Motion as concisely as 
possible.  Because the underlying proceedings were before a different 
judge (the Honorable Virginia A. Phillips) prior to reassignment, I 
believe it is necessary to explain the underlying proceedings in more 
detail than ordinarily might be necessary.  
5. 
I do not believe that further reductions to the 
government’s Opposition are possible (1) without compromising the 
integrity of the government’s presentation of the arguments in its 
brief; and (2) without depriving this Court of sufficient background 
regarding the proceedings before Judge Phillips, in order to 
facilitate this Court’s adjudication of Petitioner’s Section 2255 
Motion. 
Case 5:21-cr-00170-JGB     Document 144     Filed 08/28/25     Page 3 of 4   Page ID
#:1227

 
2 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. 
For the reasons set forth above, the government 
respectfully seeks leave of this Court to file a brief that is 38 
pages in length. 
7. 
I declare under penalty of perjury that the foregoing is 
true and correct to the best of my knowledge and belief. 
 
Date: August 28, 2025 
 
_____/s/________________________ 
 
 
 
 
 
 
MATTHEW O’BRIEN 
Assistant United States Attorney 
 
Case 5:21-cr-00170-JGB     Document 144     Filed 08/28/25     Page 4 of 4   Page ID
#:1228

File and source

File

gov.uscourts.cacd.826563.144.0.pdf

Size

93,338 bytes

SHA-256

b02527526563ac72e13628bfcce7304611ad44e9f3e77167b7e4ee80580ec5e1

Our copy

gov.uscourts.cacd.826563.144.0.pdf

Original

PACER (login required)