Report and Recommendation Concerning Plea of Guilty — U.S. v. Johnson, 2:22-CR-00145-Z-BR (N.D. Tex.)

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A Report and Recommendation Concerning Plea of Guilty in United States of America v. Johnny Evrick Johnson, Jr., Case 2:22-CR-00145-Z-BR, Document 38, filed 06/06/23, in the U.S. District Court for the Northern District of Texas, Amarillo Division. It states that the defendant, by consent, appeared before the magistrate judge and entered a plea of guilty to Count 5 of the Indictment, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), distribution and possession with intent to distribute fentanyl. The magistrate judge recommends that the plea be accepted and the defendant be adjudged guilty. A notice states that written objections must be filed within fourteen (14) days of service. The report is dated June 6, 2023.

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Case 2:22-cr-00145-Z-BR Document 38 _ Filed 06/06/23. Pageilofi PagelD 79

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION
UNITED STATES OF AMERICA §
Vv. : 2:22-CR-00145-Z-BR
JOHNNY EVRICK JOHNSON, JR. (1) :

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

JOHNNY EVRICK JOHNSON, JR. (1), by consent, under authority of United States v. Dees, 125 F.3d 261 (Sth
Cir. 1997), has appeared before me pursuant to FED. R. CRIM. P. 11, and has entered a plea of guilty to Count 5 of the
Indictment. After cautioning and examining JOHNNY EVRICK JOHNSON, JR. (1) under oath concerning each of the
subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the offense
charged is supported by an independent basis in fact containing each of the essential elements of such offense. I therefore
recommend that the plea of guilty be accepted, and that JOHNNY EVRICK JOHNSON, JR. (1) be adjudged guilty of 21
U.S.C. §§ 841(a)(1) and 841(b)(1)(C) - DISTRIBUTION AND POSSESSION WITH INTENT TO DISTRIBUTE
FENTANYL and have sentence imposed accordingly. After being found guilty of the offense by the District Judge,

&) The defendant is currently in custody and should be ordered to remain in custody.

O The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(1) unless the Court finds by clear and
convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the community

if released.

O The Government does not oppose release.

O The defendant has been compliant with the current conditions of release.

O I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to any other

person or the community if released and should therefore be released under § 3142(b) or (c).

O The Government opposes release.
O The defendant has not been compliant with the conditions of release.

If the Court accepts this recommendation, this matter should be set for hearing upon motion of the
Government.

O The defendant must be ordered detained pursuant to 18 U.S.C. § 3143(a)(2) unless (1)(a) the Court finds there is a
substantial likelihood that a motion for acquittal or new trial will be granted, or (b) the Government has
recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly shown
under § 3145(c) why the defendant should not be detained, and (2) the Court finds by clear and convincing evidence
that the defendant is not likely to flee or pose a danger to any other persoy or the community if released.

Date: June 6, 2023

UNITED STATES MAGISTRATE JUDGE

NOTICE
Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date of its
service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States
District Judge. 28 U.S.C. § 636(b)(1)(B).


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