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Home Court filings U.S. v. Carl Johansson Request to Consolidate § 2255 Motion — Carl Bradley Johansson

Court filing

Request to Consolidate § 2255 Motion — Carl Bradley Johansson

No. 5:21-cr-00170-JGB · Doc. 135 · Docket on CourtListener

Full text

 Case 5:21-cr-00170-JGB     Document 135 Filed 02/21/25         Page 1 of 5 Page ID
                                     #:1179



 TO:
                                                                       FILED
                                                             CLERK U.S. DISTRACT COURT
THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA                                     FEB 2 1 2025
(Western Division —Los Angeles)                             CENTRAL DJSTRiCT     IFORNIA
                                                            EASTERN DIVISIO      DEPUTY

FROM:
CARL BRADLEY JOHANSSON (Defendant)
Registration No: 13791-112
                                                                   ~'~~ -'~
RE: Criminal Cases No: 18-CR-00114-VAP and 21-CR-00170-VAP
SUBJ: Request Case Consolidation of My Motion (18 U.S.C.§ 2255)


INTRODUCTION
In December 2024, I filed a Pro Se 2255 motion in this Federal District asserting I
had received Ineffective Assistance of Counsel at several critical points during my
judicial process.
The arguments for this motion included the following details:
1. Ineffective Assistance of Counsel before and throughout the period my attorney
and the Government presented to me a plea agreement I had not requested and was
unaware of until shortly before my change of plea hearing. Counsel of Record:
Mark Werksman.
2. Ineffective Assistance of Counsel throughout my request to withdraw my plea
agreement, which was denied by the District Court. Counsel of Record: Edward
M. Robinson.
3. Ineffective Assistance of Counsel throughout my Ninth Circuit appeal ofthe
District Court's denial of my request to withdraw my plea agreement. Appeal
denied. Counsel of Record: Rachael A. Robinson.
It is important to note that in each instance detailed above, the judicial action
regarding all aspects of my plea agreement encompassed the consolidation of both
of my criminal cases. Additionally, my Judgment and Commitment Order was
based on the consolidation of my two separate criminal cases.
  Case 5:21-cr-00170-JGB     Document 135 Filed 02/21/25       Page 2 of 5 Page ID
                                      #:1180



 STATUS
 It has come to my attention that my 2255 motion has been bifurcated between two
(2)separate District Courtjudges as noted below:
 1. Criminal Case 18-CR-00114-VAP has been assigned to Judge Bernal
2. Criminal Case 21-CR-00170-VAP has been assigned to Judge Sykes
ARGUMENT
Based on the arguments made within my 2255 motion, I believe the bifurcation of
my motion is inappropriate and should be consolidated under one judge and in one
courtroom. As previously noted, the elements within my 2255 motion dealt with a
plea agreement that consolidated the two(2)criminal cases the Government
charged me with. In addition, my Judgment and Commitment Order also
consolidated my punishment for these two cases.
JUDICIAL REQUEST
According to the facts provided, I am requesting the two criminal cases, referenced
herein, and noted within my 2255 motion be consolidated and assigned to one
judge and one courtroom. The separation of the cases allows two different courts
to pass two different judgments on prior court actions) where the subject matter in
dispute, the plea agreement, covered the legal aspects of both criminal cases.
ADDITIONAL REQUEST
As of the date ofthis request, neither ofthe court's (Bernal/Sykes) civil cases
associated with my 2255 motion, or their docketed activity, has been posted in
Pacer. The posting of these 2255 civil actions is a critical way for my outside
contacts to keep me informed on what is happening within my case. The ability of
my family to view the activity on Pacer is important due to the delays and/or the
complete failure of me receiving timely and critical information from the courts
through the prison mail system.
My timely receipt of information, to include items like the Response from the
Government, is critical for me to be able to provide the court a timely and well-
constructed reply.
Accordingly, I am requesting all current and future courtroom activity regarding
my 2255 civil cases) be properly docketed within Pacer to enable me to have the
proper insight on the continuing adjudication of my 2255 motion.
 Case 5:21-cr-00170-JGB     Document 135 Filed 02/21/25        Page 3 of 5 Page ID
                                     #:1181



CONCLUSION
For the reasons noted above, I respectfully request the court to consolidate the
review of my 2255 motion under one judge, and within one courtroom and to
insure all activity is loaded into Pacer.


Respectfully Submitted,




DATED:      ~ - I ~ ~ ZS




CARL BRADLEY JOHANSSON
                                             Petitioner
                                             Register No.: 13791-112
                                             Federal Correctional Institute
                                             3600 Guard Road
                                             Lompoc, Ca 93436
Page 4 of 5 Page ID
                                                                                                                                                                                                               a
Document 135 Filed 02/21/25
         #:1182

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