Judgment and Probation/Commitment Order — United States v. Cleshay Johnson II (Document 590)
Summary
Judgment and probation/commitment order for defendant Cleshay Johnson in No. CR 22-205-JFW. The defendant pleaded guilty and was convicted of conspiracy to commit wire fraud and bank fraud as charged in Count 1 of the indictment, and the court committed the defendant on Count 1 to the custody of the Bureau of Prisons for a term of 41 months, followed by supervised release for four years, and recommended a mental health evaluation and the 500 hour drug treatment program (RDAP). The defendant must pay a special assessment of $100 and restitution of $607,194 to the California Employment Development Department, jointly and severally with co-participants Natalie Le Demola, Carleisha Plummer, and Khanshanda Eugena King. Counts 16, 20, and 32 are dismissed as to this defendant only.
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“Judgment and Probation/Commitment Order — United States v. Cleshay Johnson II (Document 590).”
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Case 2:22-cr-00205-JFW Document 590 Filed 09/11/23 Page 1 of 7 Page ID #:3379
United States District Court
Central District of California
UNITED STATES OF AMERICA vs. Docket No. CR 22-205-JFW
Defendant 4. Cleshay Johnson, II [01767-510] Social Security No. 3177 (Last 4 digits)
akas: Johnson II, Cleshay Laronzo; Johnson, Cleshay Laronzo [Other ID : FBI- 469893RD2]
MONTH DAY YEAR
In the presence of the attorney for the government, the defendant appeared in person on September 11, 2023
COUNSEL 4. Vitaly B. Sigal, CJA
PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT
CONTENDERE GUILTY
FINDING There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of:
Conspiracy to Commit Wire Fraud and Bank Fraud in violation of 18 U.S.C. § 1349 as charged in
Count 1 of the Thirty-Nine Count Indictment filed on May 12, 2022
JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no
AND PROB/ sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty
COMM
ORDER
as charged and convicted and ordered that:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Cleshay
Johnson, is hereby committed on Count 1 of the Indictment to the custody of the Bureau of Prisons for a term of
41 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of four years under the
following terms and conditions:
1. The defendant shall comply with the rules and regulations of the United States Probation &
Pretrial Services Office and Second Amended General Order 20-04.
2. 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 from custody and at least
two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the
Probation Officer.
3. The defendant shall participate in an outpatient substance abuse treatment and counseling
program that includes urinalysis, breath or sweat patch testing, as directed by the Probation
Officer. The defendant shall abstain from using alcohol and illicit drugs, and from abusing
prescription medications during the period of supervision.
4. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the
Court-ordered treatment to the aftercare contractors during the period of community
supervision. The defendant shall provide payment and proof of payment as directed by the
Probation Officer. If the defendant has no ability to pay, no payment shall be required.
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USA vs. 4. Cleshay Johnson, II [01767-510] Docket No.: CR 22-205-JFW
5. During the period of community supervision, the defendant shall pay the special
assessment and restitution in accordance with this judgment's orders pertaining to such
payment.
6. The defendant shall not obtain or possess any driver's license, Social Security number, birth
certificate, passport or any other form of identification in any name, other than the
defendant's true legal name, nor shall the defendant use, any name other than the
defendant's true legal name without the prior written approval of the Probation Officer.
7. The defendant shall cooperate in the collection of a DNA sample from the defendant.
8. The defendant shall apply all monies received from income tax refunds, lottery winnings,
inheritance, judgments and any other financial gains to the Court-ordered financial
obligation.
9. The defendant shall submit the defendant's person, property, house, residence, vehicle,
papers, computers, cell phones, other electronic communications or data storage devices or
media, email accounts, social media accounts, cloud storage accounts, or other areas under
the defendant's control, to a search conducted by a United States Probation Officer or law
enforcement officer. Failure to submit to a search may be grounds for revocation. Any
search pursuant to this condition will be conducted at a reasonable time and in a reasonable
manner upon reasonable suspicion that the defendant has violated a condition of his
supervision and that the areas to be searched contain evidence of this violation.
10. The defendant shall not associate with anyone known to the defendant to be a member of
the 52 Hoover Crips and others known to the defendant to be participants in the 52 Hoover
Crips' criminal activities. The defendant may not wear, display, use or possess any gang
insignias, emblems, badges, buttons, caps, hats, jackets, shoes, or any other clothing that
defendant knows evidence affiliation with the 52 Hoover Crips, and may not display any
signs or gestures that defendant knows evidence affiliation with the 52 Hoover Crips.
11. As directed by the Probation Officer, the defendant shall not be present in any area known
to the defendant to be a location where members of the 52 Hoover Crips meet or assemble.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and
pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program.
It is ordered that the defendant shall pay restitution in the total amount of $607,194 pursuant to 18 U.S.C. § 3663A.
The amount of restitution ordered shall be paid as follows:
Victim Amount
California Employment Development Department $607,194
The Court finds from a consideration of the record that the defendant's economic circumstances allow for restitution
payments pursuant to the following schedule: Restitution shall be due during the period of imprisonment, at the rate of
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USA vs. 4. Cleshay Johnson, II [01767-510] Docket No.: CR 22-205-JFW
not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any
amount of the restitution remains unpaid after release from custody, monthly payments of at least 10% of defendant's
gross monthly income, but not less than $200, whichever is greater, shall be made during the period of supervised
release. These payments shall begin 90 days after the commencement of supervision.
C. Johnson shall be held jointly and severally liable with co-participants, Natalie Le Demola, Carleisha Plummer, and
Khanshanda Eugena King, (Docket No. 0973 2:22CR00205-004) for the amount of restitution ordered in this
judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases
if and when the victims receive full payment.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have
the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §
3612(g).
The defendant shall comply with Second Amended General Order No. 20-04.
Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is
unable to pay and is not likely to become able to pay any fine.
The Court authorizes the Probation & Pretrial Services Office to disclose the Presentence Report to the substance abuse
treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further
redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing
judge.
On the Government's Motion, the Court orders Counts 16, 20, and 32 dismissed as to this defendant only.
Defendant informed of right to appeal.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons at or
before 12 noon on September 25, 2023. In the absence of such designation, the defendant shall report on or before the
same date and time, to the United States Marshal located at the First Street U.S. Courthouse 350 W. First Street, Suite
3001, Los Angeles, CA 90012.
The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all
necessary treatment.
Court recommends that the defendant be placed in the 500 hour drug treatment program (RDAP) while in the custody
of the Bureau of Prisons.
Court recommends that the defendant be placed in a camp facility located in Southern California.
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USA vs. 4. Cleshay Johnson, II [01767-510] Docket No.: CR 22-205-JFW
Upon verification of defendant's self-surrender, defendant's bond shall be exonerated and defendant's passport, if in the
possession of the government, be returned to the defendant.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
supervision for a violation occurring during the supervision period.
September 11, 2023
Date U. S. District Judge
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
Clerk, U.S. District Court
September 11, 2023 By Shannon Reilly /s/
Filed Date Deputy Clerk
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The defendant must comply with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
1. The defendant must not commit another federal, state, or local 9. The defendant must not knowingly associate with any persons engaged
crime; in criminal activity and must not knowingly associate with any person
2. The defendant must report to the probation office in the federal convicted of a felony unless granted permission to do so by the probation
judicial district of residence within 72 hours of imposition of a officer. This condition will not apply to intimate family members, unless
sentence of probation or release from imprisonment, unless the court has completed an individualized review and has determined
otherwise directed by the probation officer; that the restriction is necessary for protection of the community or
3. The defendant must report to the probation office as instructed by rehabilitation;
the court or probation officer; 10. The defendant must refrain from excessive use of alcohol and must not
4. The defendant must not knowingly leave the judicial district purchase, possess, use, distribute, or administer any narcotic or other
without first receiving the permission of the court or probation controlled substance, or any paraphernalia related to such substances,
officer; except as prescribed by a physician;
5. The defendant must answer truthfully the inquiries of the probation 11. The defendant must notify the probation officer within 72 hours of being
officer, unless legitimately asserting his or her Fifth Amendment arrested or questioned by a law enforcement officer;
right against self-incrimination as to new criminal conduct; 12. For felony cases, the defendant must not possess a firearm, ammunition,
6. The defendant must reside at a location approved by the probation destructive device, or any other dangerous weapon;
officer and must notify the probation officer at least 10 days before 13. The defendant must not act or enter into any agreement with a law
any anticipated change or within 72 hours of an unanticipated enforcement agency to act as an informant or source without the
change in residence or persons living in defendant’s residence; permission of the court;
7. The defendant must permit the probation officer to contact him or 14. The defendant must follow the instructions of the probation officer to
her at any time at home or elsewhere and must permit confiscation implement the orders of the court, afford adequate deterrence from
of any contraband prohibited by law or the terms of supervision and criminal conduct, protect the public from further crimes of the
observed in plain view by the probation officer; defendant; and provide the defendant with needed educational or
8. The defendant must work at a lawful occupation unless excused by vocational training, medical care, or other correctional treatment in the
the probation officer for schooling, training, or other acceptable most effective manner.
reasons and must notify the probation officer at least ten days
before any change in employment or within 72 hours of an
unanticipated change;
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USA vs. 4. Cleshay Johnson, II [01767-510] Docket No.: CR 22-205-JFW
The defendant must also comply with the following special conditions (set forth below).
X
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS
The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not
applicable for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check
or money order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number.
Payments must be delivered to:
United States District Court, Central District of California
Attn: Fiscal Department
255 East Temple Street, Room 1178
Los Angeles, CA 90012
or such other address as the Court may in future direct.
If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).
The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
§ 3563(a)(7).
Payments will be applied in the following order:
1. Special assessments under 18 U.S.C. § 3013;
2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United
States is paid):
Non-federal victims (individual and corporate),
Providers of compensation to non-federal victims,
The United States as victim;
3. Fine;
4. Community restitution, under 18 U.S.C. § 3663(c); and
5. Other penalties and costs.
CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS
As directed by the Probation Officer, the defendant must provide to the Probation Officer: (1) a signed release authorizing credit
report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial
statement, with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply
for any loan or open any line of credit without prior approval of the Probation Officer.
When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
behalf.
The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
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USA vs. 4. Cleshay Johnson, II [01767-510] Docket No.: CR 22-205-JFW
RETURN
I have executed the within Judgment and Commitment as follows:
Defendant delivered on to
Defendant noted on appeal on
Defendant released on
Mandate issued on
Defendant’s appeal determined on
Defendant delivered on to
at
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
By
Date Deputy Marshal
CERTIFICATE
I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
legal custody.
Clerk, U.S. District Court
By
Filed Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) modify the conditions of supervision.
These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
(Signed)
Defendant Date
U. S. Probation Officer/Designated Witness Date
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