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Judgment in a Criminal Case — United States v. Demetrius Johnson (W.D. Tex., Dkt. 162, July 6, 2022)

Summary

Judgment in a Criminal Case, Case 1:20-cr-00229, Document 162, filed 07/06/22 (W.D. Tex.), against Demetrius Johnson, who was represented by Jeff Senter. The defendant pled guilty on April 25, 2022 to a count of the Superseding Indictment, Conspiracy to Commit Wire Fraud. As pronounced on July 6, 2022, the sentence is 24 months of imprisonment followed by supervised release of 3 years. The fine is waived because of the defendant's inability to pay; the judgment orders a $100.00 special assessment and restitution of $106,945.35, with SBA/DFC listed as payee.

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“Judgment in a Criminal Case — United States v. Demetrius Johnson (W.D. Tex., Dkt. 162, July 6, 2022).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-cr-00229-dkt-162-w-d-tex-0f39cdd674/, SHA-256 87f8a860d5a4ecff2dd883cff4ab8f21f7ae8bb4de544e6df5dea9c0df72d876.

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                       Case 1:20-cr-00229-LY Document 162 Filed 07/06/22 Page 1 of 6


                                     UNITED STATES DISTRICT COURT                                         F     I
                                                                                                                        ED
                                                 WESTERN DISTRICT OF TEXAS
                                                      AUSTiN DWISION                                         jin
                                                                                                               "L      8 2022


 UNITED STATES OF AMERICA

 V.                                                                         Case Number: 1 :20-CR-00229-LY(3)
                                                                            USM Number: 123 56-509
DEMETRIUS JOHNSON
Aliases: Demetrius Antonio Johnson, Demetrius A.
Johnson, "Slugger ", "Slugga ", and "Bugg"

         Defendant.

                                         JUDGMENT IN A CRIMINAL CASE
                                  (For Offenses Committed On or After November 1, 1987)

         The defendant, DEMETRIUS JOHNSON, was represented by Jeff Senter.

        The defendant pled guilty to Count is of the Superseding Indictment on April 25, 2022. Accordingly, the defendant is
adjudged guilty of such Count, involving the following offense:

       Title & Section                           Nature of Offense                    Offense Ended                     Count

 18 U.S.C. §   1343 and 1349           Conspiracy to Commit Wire Fraud                   06/18/2020                        is

         Upon oral motion of the United States, the Court has dismissed any remaining counts herein as to this defendant.

        As pronounced on July 6, 2022, the defendant is sentenced as provided in pages 2 through 6 of this Judgment. The sentence is
imposed pursuant to the Sentencing Reform Act of 1984.

         It is further ordered that the defendant shall notif' the United States Attorney for this district within 30 days of any change of
name, residence, or mailing address until all fmes, restitution, costs, and special assessments imposed by this judgment are fully paid.
If ordered to pay restitution, the defendant must notif,' the Court and United States Attorney of material changes in economic
circumstances.

         Signed this        day of July, 2022.




                                                                                          ted States District Judge
                     Case 1:20-cr-00229-LY Document 162 Filed 07/06/22 Page 2 of 6

 AO 245B (Rev. TXN 10/12) Judgment in a Criminal Case                                                            Judgment-- Page 2 of 6


DEFENDANT:                 DEMETRIUS JOHNSON
CASE NUMBER:               I :20-CR-00229-LY(3)


                                                         IMPRISONMENT

     The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
TWENTY FOUR (24) MONTHS as to count is.

        The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons as notified by the
United States Marshal.




                                                               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 STATES MARSHAL
                    Case 1:20-cr-00229-LY Document 162 Filed 07/06/22 Page 3 of 6

 AO 245B (Rev. TXN 10/12) Judgment in a Criminal Case                                                          Judgment -- Page 3 of 6


DEFENDANT:                DEMETRIUS JOHNSON
CASE NUMBER:              1 :20-CR-00229-LY(3)



                                                  SUPERVISED RELEASE

        Upon release from imprisonment, the defendant shall be on supervised release a term of THREE (3) YEARS.

         While on supervised release the defendant shall comply with the mandatory, standard and if applicable, the special conditions
that have been adopted by this Court, and shall comply with the following additional conditions:

The defendant shall submit his or her person, property, house, residence, office, vehicle, papers, computers
(as defined in 18 U.S.C. § 1030(e)(1)), and other electronic communications or data storage devices or
media, 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 shall warn any other occupants that the premises may be
subject to searches pursuant to this condition. A probation officer may conduct a search under this
condition when reasonable suspicion exists that the defendant has violated a condition of supervision or
that there has been another violation of the law. Any search shall be conducted at a reasonable time and in
a reasonable manner.
                    Case 1:20-cr-00229-LY Document 162 Filed 07/06/22 Page 4 of 6

 AO 245B (Rev. TXN 10/12) Judgment in a Criminal Case                                                               Judgment-- Page 4 of 6

DEFENDANT:                 DEMETRIUS JOHNSON
CASE NUMBER:               1 :20-CR-00229-LY(3)




                                             CONDITIONS OF SUPERVISION
Mandatory Conditions:

    [1]   The defendant shall not commit another federal, state, or local crime during the term of supervision.

    [2]   The defendant shall not unlawfully possess a controlled substance.

    [3]   The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test
          within 15 days of release on probation or supervised release and at least two periodic drug tests thereafter (as determined by
          the court), but the condition stated in this paragraph may be ameliorated or suspended by the court if the defendant's
          presentence report or other reliable sentencing information indicates low risk of future substance abuse by the defendant.

    [4]   The defendant shall cooperate in the collection of DNA as instructed by the probation officer, if the collection of such a
          sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. § 141 35a).

    [5]   If applicable, the defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42
          U.S.C. § 16901, et. seq.) as instructed by the probation officer, the Bureau of Prisons, or any state sex offender registration
          agency in which the defendant resides, works, is a student, or was convicted of a qualifying offense.

    [6]   If convicted of a domestic violence crime as defmed in 18 U.S.C. § 3561(b), the defendant shall participate in an approved
          program for domestic violence.

    [7]    If the judgment imposes a fine or restitution, it is a condition of supervision that the defendant pay in accordance with the
           Schedule of Payments sheet of the judgment.

    [8]    The defendant shall pay the assessment imposed in accordance with 18 U.S.C. § 3013.

    [9]    The defendant shall notify the court of any material change in the defendant's economic circumstances that might affect the
           defendant's ability to pay restitution, fines or special assessments.

Standard Conditions:

    [1]    The defendant shall report to the probation office in the federal judicial district where he or she is authorized to reside within
           72 hours of release 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 to report to the probation officer, and the defendant shall report to the probation officer as instructed.

    [3]    The defendant shall not knowingly leave the federal judicial district where he or she is authorized to reside without first
           getting permission from the court or the probation officer.

    [4]    The defendant shall answer truthfully the questions asked by the probation officer.

    [5]    The defendant shall live at a place approved by the probation officer. If the defendant plans to change where he or she lives
           or anything about his or her living arrangements (such as the people the defendant lives with), the defendant shall 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 shall notify the probation officer within 72 hours of becoming aware of a change
           or expected change

    [6]    The defendant shall allow the probation officer to visit the defendant at any time at his or her home or elsewhere, and the
           defendant shall permit the probation officer to take any items prohibited by the conditions of the defendant's supervision that
           are observed in plain view.


    [7]    The defendant shall 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, he or she shall try to find full-
                      Case 1:20-cr-00229-LY Document 162 Filed 07/06/22 Page 5 of 6

AU 245B (Rev. TXN 10/12) Judgment in a Criminal Case                                                              Judgment -- Page 5 of 6

DEFENDANT:                DEMETRIUS JOHNSON
CASE NUMBER:              1 :20-CR-00229-LY(3)




          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 his or her work (such as the position or job responsibilities), the defendant shall 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 shall notify the probation officer within 72 hours of becoming
          aware of a change or expected change.

   [8]    The defendant shall 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 shall 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 shall notify the probation officer within
          72 hours.

   [10]   The defendant shall 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 shall 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]   If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation
          officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction.
          The probation officer may contact the person and confirm that the defendant has notified the person about the risk.

   [13]   The defendant shall follow the instructions of the probation officer related to the conditions of supervision.

   [14]   If the judgment imposes other criminal monetary penalties, it is a condition of supervision that the defendant pay such
          penalties in accordance with the Schedule of Payments sheet of the judgment.

   [15]   If the judgment imposes a fine, special assessment, restitution, or other criminal monetary penalties, it is a condition of
          supervision that the defendant shall provide the probation officer access to any requested fmancial information.

   [16]   If the judgment imposes a fine, special assessment, restitution, or other criminal monetary penalties, it is a condition of
          supervision that the defendant shall not incur any new credit charges or open additional lines of credit without the approval
          of the probation officer, unless the defendant is in compliance with the payment schedule.

   [17] If the defendant is excluded, deported, or removed upon release on probation or supervised release, the term of supervision
         shall be a non-reporting term of probation or supervised release. The defendant shall not illegally re-enter the United States.
         If the defendant is released from confinement or not deported, or lawfully re-enters the United States during the term of
         probation or supervised release, the defendant shall immediately report in person to the nearest U.S. Probation Office.
                                Case 1:20-cr-00229-LY Document 162 Filed 07/06/22 Page 6 of 6

      AO 245B (Rev. TXN 10/12) Judgment in a Criminal Case                                                                                                 Judgment -- Page 6 of 6

    DEFENDANT:                          DEMETRIUS JOHNSON
    CASE NUMBER:                        1 :20-CR-00229-LY(3)




                                                CRIMINAL MONETARY PENALTIES/SCHEDULE
             The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth.
    Unless the Court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
    due during imprisonment. Criminal Monetary Penalties, except those payments made through Federal Bureau of Prisons' Inmate
    Financial Responsibility Program, shall be paid through the Clerk, United States District Court, Attn: Mail Log, 501 West Fifth Street,
    Suite 1100, Austin, TX, 78701 or online by Debit (credit cards not accepted) or ACH payment (direct from Checking or Savings
    Account) through Pay.gov (link accessible on the landing page of the U.S. District Court's Website). Your mail-in or online payment
    must include your case number in the exact format of DTXW12OCR000229-003 to ensure proper application to your criminal
    monetary penalty. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties
    imposed.

             If the defendant is not now able to pay this indebtedness, the defendant shall cooperate fully with the office of the United States
    Attorney, the Federal Bureau of Prisons andlor the United States Probation Office to make payment in full as soon as possible, including
    during any period of incarceration. Any unpaid balance at the commencement of a term of probation or supervised release shall be paid
    on a schedule of monthly installments to be established by the United States Probation office and approved by the Court.

                                                                             Assessment                                              Fine                                Restitution
      TOTALS                                                                    $100.00                                              $.00                               $106,945.35

                                                                            SPECIAL ASSESSMENT

            It is ordered that the defendant shall pay to the United States a special assessment of $100.00. Payment of this sum shall
    begin immediately.

                                                                                           FINE

                The fine is waived because of the defendant's inability to pay.




              The defendant shall pay restitution in the amount of $106,945.35 through the Clerk, U.S. District Court, for distribution to the
    payee(s). Payment of this sum shall begin immediately. The Court directs the United States Probation Office to provide personal
    identifier information of victims by submitting a "reference list" under seal Pursuant to E-Government Act of 2002" to the District Clerk
    within ten (10) days after the criminal Judgment has been entered. The Court finds that the defendant does not have the ability to
    pay interest and will waive the interest requirement in this case.

    Name of Payee                                                                                                             Amount of Restitution
      SBA/DFC                                                                                                                       $106,945.35
      7211 9th Street
      3rd Floor, Room 301
      Denver, Colorado 80202




           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 above. However, pursuant to 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United States is paid.

            If the fine is not paid, the court may sentence the defendant to any sentence which might have been originally imposed. See 18 U.S.C. §3614.

          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.

            Findings for the total amount of losses are required under Chapters 1 09A, 110, 11 0A, and 11 3A of Title 18 for offenses committed on or after September 13, 1994,
but before April 23, 1996.


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