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Home Court filings U.S. v. Carl Johansson Notice of Intent to Withdraw Guilty Pleas — Carl Bradley Johansson

Court filing

Notice of Intent to Withdraw Guilty Pleas — Carl Bradley Johansson

No. 5:21-cr-00170-JGB · Doc. 102 · Docket on CourtListener

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Case 5:21-cr-00170-JGB        Document 102   Filed 11/23/22   Page 1 of 4 Page ID #:860



     EDWARD M. ROBINSON (CA Bar 126244)
1    Brian A. Robinson (CA Bar 333650)
     21515 Hawthorne Blvd, Suite 730
2    Torrance, CA 90503
     Office: (310) 316-9333
3    Facsimile: (310) 316-6442
     eroblaw@gmail.com
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     Attorneys for Defendants
5    Carl Bradley Johansson
     National Distribution, Inc.
6    Western Distribution, LLC.
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8                             UNITED STATES DISTRICT COURT
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                          CENTRAL DISTRICT OF CALIFORNIA
10                              WESTERN DIVISION
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12   UNITED STATES OF AMERICA,                      Case No. 5:18-00114-VAP
                                                    Case No. 5:21-00170-VAP
13               Plaintiff,
                                                    DEFENDANTS CARL BRADLEY
14         v.                                       JOHANSSON’S, NATIONAL
                                                    DISTRIBUTION INC.’S, AND
15   NATIONAL DISTRIBUTION, INC., et                WESTERN DISTRIBUTION,
     al.,                                           L.L.C.’S NOTICE OF INTENT TO
16                                                  WITHDRAW GUILTY PLEAS;
                 Defendant.                         DECLARATION OF COUNSEL
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                                                    DATE: November 29, 2022
18                                                  TIME: 10:00 a.m.
                                                    Courtroom of the
19                                                  Honorable Virginia A. Phillips
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Case 5:21-cr-00170-JGB    Document 102     Filed 11/23/22   Page 2 of 4 Page ID #:861




1          PLEASE TAKE NOTICE that Defendants Carl Bradley Johansson (“Mr.
2    Johansson”), National Distribution, Inc. (“National”) and Western Distribution, LLC.
3    (“Western”), by and through their attorneys of record Edward M. Robinson and Brian
4    A. Robinson, hereby gives notice of their intent to move this Court to Withdraw their
5    pleas to counts 3, 4, 5, 6, 8 and 9 (“tax counts”) in case number 5:18-cr-00114-VAP
6    (“114”) and counts 1-4 (“bank fraud counts”) in case number 5:21-cr-00170-VAP
7    (“170”). (Case No. 114, Doc. 264; Case No. 170, Doc. 32.)
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9                                          Respectfully submitted,
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     DATED: November 23, 2022           By /s/ Edward M. Robinson
12                                        Edward M. Robinson
                                          Brian A. Robinson
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                                           Attorneys for Defendant
14                                         Carl Bradley Johansson
                                           National Distribution, Inc.
15                                         Western Distribution, LLC.
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Case 5:21-cr-00170-JGB      Document 102     Filed 11/23/22   Page 3 of 4 Page ID #:862




1                      DECLARATION OF EDWARD M. ROBINSON
2    I, Edward M. Robinson, hereby declare as follows:
3          1.       That I am the attorney of record in Case Numbers 5:18-00114-VAP
4    (“114”) and 5:21-00170-VAP (“170”) on behalf of Carl Bradley Johansson (“Mr.
5    Johansson”), National Distribution, Inc. (“National”), and Western Distribution, LLC.
6    (“Western”).
7          2.       That on November 6, 2022, Mr. Johansson and National moved to
8    withdraw their guilty pleas in case number 114, specifically to counts 1 and 2. (Doc.
9    389, 390). At that time, Mr. Johansson did not move to withdraw his pleas to the Tax
10   Evasion counts in case number 114 and did not move to withdraw his please to
11   Conspiracy to Commit Bank Fraud and Bank Fraud in case number 170. Western has
12   not moved to withdraw its pleas to any counts in case number 170. (Case No. 114, Doc.
13   264; Case No. 170, Doc. 32.)
14         3.       Yesterday, on November 22, 2022, I met with Mr. Johansson at MDCLA.
15   At this meeting, Mr. Johansson expressed his desire and intention to move to withdraw
16   his pleas to the tax counts in case number 114 and the bank fraud counts in case
17   number 170. Mr. Johansson was unequivocal in his intent and request that the motion to
18   withdraw be made as to those counts.
19         4.       The sentencing and motion date is currently set for November 29, 2022.
20         5.       I have attempted to make contact with AUSA Matthew O’Brien to inform
21   him of the filing of this notice. I have not been able to reach him.
22         6.       Based on this new information, on behalf of Mr. Johansson, National and
23   Western, I intend to request a continuance of the motion and sentencing dates currently
24   set for November 29, 2022, so that I may have the opportunity to adequately brief Mr.
25   Johansson’s new request to withdraw his please to the tax counts in case number 114
26   and to the bank fraud counts in case number 170.
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Case 5:21-cr-00170-JGB    Document 102     Filed 11/23/22    Page 4 of 4 Page ID #:863




1         I declare under penalty of perjury that the foregoing is true and correct to the best
2    of my knowledge.
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4         Executed on November 23, 2022, in Torrance, California.
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7                                          By /s/ Edward M. Robinson
                                           Edward M. Robinson
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                                           Attorney for Defendant
9                                          Carl Bradley Johansson
                                           National Distribution, Inc.
10                                         Western Distribution, LLC.
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