Court filing
Judgment in a Criminal Case — United States v. Johnson (Dkt. 106, N.D. Iowa)
Summary
A Judgment in a Criminal Case on Form AO 245 B&C in United States of America v. Kierin Craig Johnson, Case Number 0862 6:20CR02045-001, in the U.S. District Court for the Northern District of Iowa, filed May 16, 2022. The judgment records that the defendant pleaded guilty to count 1 of the Information filed on October 5, 2021, Possession of a Firearm by a Drug User under 18 U.S.C. §§ 922(g)(3) and 924(a)(2), with the offense ending 10/18/2019. It imposes a term of 12 months and 1 day on Count 1, to be served consecutively to any term imposed in a Black Hawk County, Iowa case under 18 U.S.C. § 3584. Count 1 of the Superseding Indictment is dismissed on the government's motion, and the judgment sets conditions of supervision and an assessment of $100.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed May 16, 2022 in Kierin Craig Johnson; one of 5 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Iowa |
|---|---|
| Filed | 2022-05-16 |
Cite this document
“Judgment in a Criminal Case — United States v. Johnson (Dkt. 106, N.D. Iowa).”
U.S. District Court for the Northern District of Iowa, No. 6:20-cr-02045, Doc. 106, filed 2022-05-16. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-kierin-craig-johnson-iand-57993/2022-05-16-gov-uscourts-iand-57993-106-0-doc-106/
, SHA-256 7148c0932c6801b2a2c0e3c5e2ea58ea20ebc750a04d830ee12191ee4e1fc95b.Full text
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
UNITED STATES DISTRICT COURT
Northern District of Iowa
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
)
v. ) Case Number: 0862 6:20CR02045-001
)
KIERIN CRAIG JOHNSON ) USM Number: 30024-509
)
ORIGINAL JUDGMENT Jill M. Johnston
AMENDED JUDGMENT Defendant’s Attorney
Date of Most Recent Judgment:
THE DEFENDANT:
pleaded guilty to count(s) 1 of the Information filed on October 5, 2021
pleaded nolo contendere to count(s)
which was accepted by the court.
was found guilty on count(s)
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense Offense Ended Count
18 U.S.C. §§ 922(g)(3) Possession of a Firearm by a Drug User 10/18/2019 1
and 924(a)(2)
The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.
The defendant has been found not guilty on count(s)
Count(s) 1 of the Superseding Indictment is/are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or
mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States Attorney of material changes in economic circumstances.
C.J. Williams
United States District Court Judge
Name and Title of Judge Signature of Judge
May 16, 2022 May 16, 2022
Date of Imposition of Judgment Date
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 1 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
Judgment — Page 2 of 7
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
PROBATION
The defendant is hereby sentenced to probation for a term of:
IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
12 months and 1 day on Count 1 of the Information. It is ordered that the term of imprisonment for the instant offense
be served consecutively to any term of imprisonment that may be imposed for the case set forth in paragraph 28 of the
presentence report (Black Hawk County, Iowa, Case No. FECR239419), pursuant to 18 U.S.C. § 3584.
The court makes the following recommendations to the Federal Bureau of Prisons:
It is recommended that the defendant be designated to a Bureau of Prisons facility as close to the defendant’s family as
possible, commensurate with the defendant’ security and custody classification needs.
It is recommended that the defendant participate in the Bureau of Prisons’ 500-Hour Comprehensive Residential Drug
Abuse Treatment Program or an alternate substance abuse treatment program.
The defendant is remanded to the custody of the United States Marshal.
The defendant must surrender to the United States Marshal for this district:
at 10:00 a.m. p.m. on May 31, 2022 .
as notified by the United States Marshal.
The defendant must surrender for service of sentence at the institution designated by the Federal Bureau of Prisons:
before 2 p.m. on .
as notified by the United States Marshal.
as notified by the United States Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on to
at , with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 PageSTATES
2 ofMARSHAL
11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
Judgment—Page 3 of 7
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
SUPERVISED RELEASE
Upon release from imprisonment, the defendant will be on supervised release for a term of:
3 years on Count 1 of the Information.
MANDATORY CONDITIONS OF SUPERVISION
1) The defendant must not commit another federal, state, or local crime.
2) The defendant must not unlawfully possess a controlled substance.
3) The defendant must refrain from any unlawful use of a controlled substance.
The defendant must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests
thereafter, as determined by the court.
The above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of
future controlled substance abuse. (Check, if applicable.)
4) The defendant must cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)
5) The defendant must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901,
et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location
where the defendant resides, works, and/or is a student, and/or was convicted of a qualifying offense. (Check, if applicable.)
6) The defendant must participate in an approved program for domestic violence. (Check, if applicable.)
The defendant must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the
attached page.
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 3 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
Judgment—Page 4 of 7
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
STANDARD CONDITIONS OF SUPERVISION
As part of the defendant’s supervision, the defendant must comply with the following standard conditions of supervision. These
conditions are imposed because they establish the basic expectations for the defendant’s behavior while on supervision and identify the
minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in the defendant’s
conduct and condition.
1) The defendant must report to the probation office in the federal judicial district where the defendant is authorized to reside within
72 hours of the time the defendant was sentenced and/or released from imprisonment, unless the probation officer instructs the
defendant to report to a different probation office or within a different time frame.
2) After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer
about how and when the defendant must report to the probation officer, and the defendant must report to the probation officer as
instructed. The defendant must also appear in court as required.
3) The defendant must not knowingly leave the federal judicial district where the defendant is authorized to reside without first
getting permission from the court or the probation officer.
4) The defendant must answer truthfully the questions asked by the defendant’s probation officer.
5) The defendant must live at a place approved by the probation officer. If the defendant plans to change where the defendant lives
or anything about the defendant’s living arrangements (such as the people the defendant lives with), the defendant must notify
the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to
unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a change or
expected change.
6) The defendant must allow the probation officer to visit the defendant at any time at the defendant’s home or elsewhere, and the
defendant must permit the probation officer to take any items prohibited by the conditions of the defendant’s supervision that he
or she observes in plain view.
7) The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer
excuses the defendant from doing so. If the defendant does not have full-time employment, the defendant must try to find full-
time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the
defendant works or anything about the defendant’s work (such as the defendant’s position or the defendant’s job responsibilities),
the defendant must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, the defendant must notify the probation officer within 72
hours of becoming aware of a change or expected change.
8) The defendant must not communicate or interact with someone the defendant knows is engaged in criminal activity. If the
defendant knows someone has been convicted of a felony, the defendant must not knowingly communicate or interact with that
person without first getting the permission of the probation officer.
9) If the defendant is arrested or questioned by a law enforcement officer, the defendant must notify the probation officer within 72
hours.
10) The defendant must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e.,
anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as
nunchakus or tasers).
11) The defendant must not act or make any agreement with a law enforcement agency to act as a confidential human source or
informant without first getting the permission of the court.
12) As directed by the probation officer, the defendant must notify third parties of risks that may be occasioned by the defendant’s
criminal record or personal history or characteristics and must permit the probation officer to make such notifications and to
confirm the defendant’s compliance with such notification requirement.
13) The defendant must follow the instructions of the probation officer related to the conditions of supervision.
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 4 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
Judgment—Page 5 of 7
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
SPECIAL CONDITIONS OF SUPERVISION
The defendant must comply with the following special conditions as ordered by the Court and implemented by the United States Probation
Office:
1. The defendant must submit the defendant’s person, property, house, residence, vehicle, papers, computers [as
defined in 18 U.S.C. § 1030(e)(1)], other electronic communications or data storage devices or media, or office,
to a search conducted by a United States Probation Officer. Failure to submit to a search may be grounds for
revocation of release. The defendant must warn any other occupants that the premises may be subject to
searches pursuant to this condition. The United States Probation Office may conduct a search under this
condition only when reasonable suspicion exists that the defendant has violated a condition of supervision and
that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable
time and in a reasonable manner.
2. The defendant must participate in a substance abuse evaluation. The defendant must complete any
recommended treatment program, which may include a cognitive behavioral group, and follow the rules and
regulations of the treatment program. The defendant must participate in a program of testing for substance
abuse. The defendant must not attempt to obstruct or tamper with the testing methods.
3. If not employed at a lawful type of employment as deemed appropriate by the United States Probation Office,
the defendant must participate in employment workshops and report, as directed, to the United States
Probation Office to provide verification of daily job search results or other employment related activities. In
the event the defendant fails to secure employment, participate in the employment workshops, or provide
verification of daily job search results, the defendant may be required to perform up to 20 hours of community
service per week until employed.
These conditions have been read to me. I fully understand the conditions and have been provided a copy of them. Upon a finding of a
violation of supervision, I understand the Court may: (1) revoke supervision; (2) extend the term of supervision; and/or (3) modify the
condition of supervision.
Defendant Date
United States Probation Officer/Designated Witness Date
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 5 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
Judgment 6 of 7
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment AVAA Assessment1 JVTA Assessment2 Fine Restitution
TOTALS $ 100 $0 $0 $0 $0
The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.
The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified
otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal
victims must be paid before the United States is paid.
Name of Payee Total Loss3 Restitution Ordered Priority or Percentage
TOTALS $ $
Restitution amount ordered pursuant to plea agreement $
The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
The court determined that the defendant does not have the ability to pay interest and it is ordered that:
the interest requirement is waived for the fine restitution.
the interest requirement for the fine restitution is modified as follows:
1
Amy, Vicky, and Any Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
2
Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 3014.
3
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or
after September 13, 1994, but before April 23, 1996.
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 6 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
(NOTE: For Amended Judgment, Identify Changes with Asterisks (*))
Judgment—Page 7 of 7
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:
A $ 100 due immediately;
not later than , or
in accordance with C, D, F below; or
E, or
B Payment to begin immediately (may be combined with C, D, or F below); or
C Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or
D Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or
E Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or
F Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due
during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the clerk of the court.
The defendant will receive credit for all payments previously made toward any criminal monetary penalties imposed.
Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.
The defendant must pay the cost of prosecution.
The defendant must pay the following court cost(s):
The defendant must forfeit the defendant’s interest in the following property to the United States:
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 7 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
Attachment (Page 1) — Statement of Reasons
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
DISTRICT: Northern District of Iowa
STATEMENT OF REASONS
(Not for Public Disclosure)
Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony and Class A misdemeanor cases.
I. COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT
A. The court adopts the presentence investigation report without change.
B. The court adopts the presentence investigation report with the following changes: (Use Section VIII if necessary)
(Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report)
1. Chapter Two of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly
summarize the changes, including changes to base offense level, or specific offense characteristics)
2. Chapter Three of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly
summarize the changes, including changes to victim-related adjustments, role in the offense, obstruction of justice, multiple counts, or acceptance of
responsibility)
3. Chapter Four of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly
summarize the changes, including changes to criminal history category or scores, career offender status, or criminal livelihood determinations)
4. Additional Comments or Findings: (include comments or factual findings concerning any information in the presentence report, including
information that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation, or programming decisions; any other
rulings on disputed portions of the presentence investigation report; identification of those portions of the report in dispute but for which a court
determination is unnecessary because the matter will not affect sentencing or the court will not consider it)
C. The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.
Applicable Sentencing Guideline: (if more than one guideline applies, list the guideline producing the highest offense level)
II. COURT FINDINGS ON MANDATORY MINIMUM SENTENCE (Check all that apply)
A. One or more counts of conviction carry a mandatory minimum term of imprisonment and the sentence imposed is at or
above the applicable mandatory minimum term.
B. One or more counts of conviction carry a mandatory minimum term of imprisonment, but the sentence imposed is below
the mandatory minimum term because the court has determined that the mandatory minimum term does not apply based
on:
findings of fact in this case: (Specify)
substantial assistance (18 U.S.C. § 3553(e))
the statutory safety valve (18 U.S.C. § 3553(f))
C. No count of conviction carries a mandatory minimum sentence.
III. COURT DETERMINATION OF GUIDELINE RANGE: (BEFORE DEPARTURES OR VARIANCES)
Total Offense Level: 15
Criminal History Category: I
Guideline Range: (after application of §5G1.1 and §5G1.2) 18 to 24 months
Supervised Release Range: 1 to 3 years
Fine Range: $ 7,500 to $ 75,000
Fine waived or below the guideline range because of inability to pay.
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 8 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
Attachment (Page 2) — Statement of Reasons
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
DISTRICT: Northern District of Iowa
STATEMENT OF REASONS
IV. GUIDELINE SENTENCING DETERMINATION (Check all that apply)
A. The sentence is within the guideline range and the difference between the maximum and minimum of the guideline range
does not exceed 24 months.
B. The sentence is within the guideline range and the difference between the maximum and minimum of the guideline range
exceeds 24 months, and the specific sentence is imposed for these reasons: (Use Section VIII if necessary)
The sentence was imposed after considering all the factors set forth in 18 U.S.C. § 3553(a) as dictated into the record at the
time of sentencing.
C. The court departs from the guideline range for one or more reasons provided in the Guidelines Manual. (Also complete Section V)
D. The court imposed a sentence otherwise outside the sentencing guideline system (i.e., a variance). (Also complete Section VI)
V. DEPARTURES PURSUANT TO THE GUIDELINES MANUAL (If applicable)
A. The sentence imposed departs: (Check only one)
above the guideline range
below the guideline range
B. Motion for departure before the court pursuant to: (Check all that apply and specify reason(s) in sections C and D)
1. Plea Agreement
binding plea agreement for departure accepted by the court
plea agreement for departure, which the court finds to be reasonable
plea agreement that states that the government will not oppose a defense departure motion
2. Motion Not Addressed in a Plea Agreement
government motion for departure
defense motion for departure to which the government did not object
defense motion for departure to which the government objected
joint motion by both parties
3. Other
Other than a plea agreement or motion by the parties for departure
C. Reasons for departure: (Check all that apply)
4A1.3 Criminal History Inadequacy 5K2.1 Death 5K2.12 Coercion and Duress
5H1.1 Age 5K2.2 Physical Injury 5K2.13 Diminished Capacity
5H1.2 Education and Vocational 5K2.3 Extreme Psychological 5K2.14 Public Welfare
Skills Injury
5H1.3 Mental and Emotional 5K2.4 Abduction or Unlawful 5K2.16 Voluntary Disclosure of Offense
Condition Restraint
5H1.4 Physical Condition 5K2.5 Property Damage or 5K2.17 High-Capacity Semiautomatic Weapon
Loss
5H1.5 Employment Record 5K2.6 Weapon 5K2.18 Violent Street Gang
5H1.6 Family Ties and 5K2.7 Disruption of 5K2.20 Aberrant Behavior
Responsibilities Government Function
5H1.11 Military Service 5K2.8 Extreme Conduct 5K2.21 Dismissed and Uncharged Conduct
5H1.11 Charitable Service/Good 5K2.9 Criminal Purpose 5K2.22 Sex Offender Characteristics
Works
5K1.1 Substantial Assistance 5K2.10 Victim’s Conduct 5K2.23 Discharged Terms of Imprisonment
5K2.0 Aggravating/Mitigating 5K2.11 Lesser Harm 5K2.24 Unauthorized Insignia
Circumstances 5K3.1 Early Disposition Program (EDP)
Other Guideline Reason(s) for Departure, to include departures pursuant to the commentary in the Guidelines Manual: (see “List of
Departure Provisions” following the Index in the Guidelines Manual.) (Please specify)
D. State the basis for the departure. (Use Section VIII if necessary)
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 9 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
Attachment (Page 3) — Statement of Reasons
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
DISTRICT: Northern District of Iowa
STATEMENT OF REASONS
VI. COURT DETERMINATION FOR A VARIANCE (If applicable)
A. The sentence imposed is: (Check only one)
above the guideline range
below the guideline range
B. Motion for a variance before the court pursuant to: (Check all that apply and specify reason(s) in sections C and D)
1. Plea Agreement
binding plea agreement for a variance accepted by the court
plea agreement for a variance, which the court finds to be reasonable
plea agreement that states that the government will not oppose a defense motion for a variance
2. Motion Not Addressed in a Plea Agreement
government motion for a variance
defense motion for a variance to which the government did not object
defense motion for a variance to which the government objected
joint motion by both parties
3. Other
Other than a plea agreement or motion by the parties for a variance
C. 18 U.S.C. § 3553(a) and other reason(s) for a variance (Check all that apply)
The nature and circumstances of the offense pursuant to 18 U.S.C. § 3553(a)(1):
Mens Rea Extreme Conduct Dismissed/Uncharged Conduct
Role in the Offense Victim Impact
General Aggravating or Mitigating Factors: (Specify)
The history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1):
Aberrant Behavior Lack of Youthful Guidance
Age Mental and Emotional Condition
Charitable Service/Good Military Service
Works
Community Ties Non-Violent Offender
Diminished Capacity Physical Condition
Drug or Alcohol Dependence Pre-sentence Rehabilitation
Employment Record Remorse/Lack of Remorse
Family Ties and Other: (Specify)
Responsibilities
Issues with Criminal History: (Specify) No prior criminal history.
To reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense
(18 U.S.C. § 3553(a)(2)(A))
To afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))
To protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))
To provide the defendant with needed educational or vocational training (18 U.S.C. § 3553(a)(2)(D))
To provide the defendant with medical care (18 U.S.C. § 3553(a)(2)(D))
To provide the defendant with other correctional treatment in the most effective manner (18 U.S.C. § 3553(a)(2)(D))
To avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6)) (Specify in section D)
To provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))
Acceptance of Responsibility Conduct Pre-trial/On Bond Cooperation Without Government Motion for
Departure
Early Plea Agreement Global Plea Agreement
Time Served (not counted in sentence) Waiver of Indictment Waiver of Appeal
Policy Disagreement with the Guidelines (Kimbrough v. United States, 552 U.S. 85 (2007) (specify):
Other: (Specify)
D. State the basis for a variance. (Use Section VIII if necessary)
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 10 of 11
AO 245 B&C (Rev. 01/17) Judgment and Amended Judgment in a Criminal Case
Attachment (Page 4) — Statement of Reasons
DEFENDANT: KIERIN CRAIG JOHNSON
CASE NUMBER: 0862 6:20CR02045-001
DISTRICT: Northern District of Iowa
STATEMENT OF REASONS
VII. COURT DETERMINATIONS OF RESTITUTION
A. Restitution not applicable.
B. Total amount of restitution: $
C. Restitution not ordered: (Check only one)
1. For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because
the number of identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).
2. For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered
because determining complex issues of fact and relating them to the cause or amount of the victims’ losses would
complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim would be
outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).
3. For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing
guidelines, restitution is not ordered because the complication and prolongation of the sentencing process resulting
from the fashioning of a restitution order outweigh the need to provide restitution to any victims under 18 U.S.C.
§ 3663(a)(1)(B)(ii).
4. For offenses for which restitution is otherwise mandatory under 18 U.S.C. §§ 1593, 2248, 2259, 2264, 2327 or
3663A, restitution is not ordered because the victim(s)'(s) losses were not ascertainable (18 U.S.C. § 3664(d)(5)).
5. For offenses for which restitution is otherwise mandatory under 18 U.S.C. §§ 1593, 2248, 2259, 2264, 2327 or
3663A, restitution is not ordered because the victim(s) elected to not participate in any phase of determining the
restitution order (18 U.S.C. § 3664(g)(1)).
6. Restitution is not ordered for other reasons: (Explain)
D. Partial restitution is ordered for these reasons: (18 U.S.C. § 3553(c))
VIII. ADDITIONAL BASIS FOR THE SENTENCE IN THIS CASE (If applicable)
Defendant’s Residence 343 Euclid Avenue
Defendant’s Date of Birth: December 31, 1997
Address: Waterloo, Iowa 50701
Defendant’s Mailing 343 Euclid Avenue
Defendant’s Soc. Sec. No.: 481-27-3383
Address: Waterloo, Iowa 50701
C.J. Williams
United States District Court Judge
Name and Title of Judge Signature of Judge
May 16, 2022 May 16, 2022
Date of Imposition of Judgment Date
Case 6:20-cr-02045-CJW-MAR Document 106 Filed 05/16/22 Page 11 of 11File and source
- File
- gov.uscourts.iand.57993.106.0.pdf
- Size
- 395,986 bytes
- SHA-256
- 7148c0932c6801b2a2c0e3c5e2ea58ea20ebc750a04d830ee12191ee4e1fc95b
- Original
- archive.org