Defendant’s Sentencing Memorandum — No. 0:21-cr-60017 (Dkt. 50, S.D. Fla.)

Summary

Defense sentencing memorandum for Tonye C. Johnson, entered July 23, 2021, after his April 20, 2021 guilty plea to a single-count information charging conspiracy to commit wire fraud over Paycheck Protection Program loans. Per the factual proffer, Johnson received $389,627 in fraudulent proceeds, wired $97,418 to a co-defendant as a kickback, and used loan money to buy a 2018 GMC Denali pick-up for his business. The presentence report set a range of 27-33 months at Offense Level 18, and the defense argues that a 3-level acceptance adjustment would cut it to 18-24 months. The memo describes Johnson, 29, as the father of five who built Synergy Towing and Transport into a fleet of six tow trucks, and notes his agreement to $165,722.13 in restitution and forfeiture.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Defendant’s Sentencing Memorandum — No. 0:21-cr-60017 (Dkt. 50, S.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/defendant-s-sentencing-memorandum-no-0-21-cr-60017-dkt-50-s-d-fla-6ab93add31/, SHA-256 2cd652e5fbb7428b083ed3bba27f9f6eeb0f704e76aa4062d76a9ad0e0df60d5.

Full text

Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 1 of 20

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
BROWARD DIVISION

UNITED STATES OF AMERICA :
:
:
V. :
:
:
TONYE C. JOHNSON : CASE NO. 21-CR-60017-RKA

DEFENDANT’S SENTENCING MEMORANDUM

Tonye C. Johnson (pronounced “Tony”) by his counsel undersigned, respectfully submits

this Memorandum in support of mitigation at sentencing.

I. PROCEDURAL HISTORY

Tonye C. Johnson (hereinafter, “Johnson”) was arrested on October 1, 2020, in the Eastern

District of Pennsylvania, in connection with his involvement in a Paycheck Protection Program

(PPP Loan) fraud scheme. Thereafter, he was charged in a single-count Information pursuant to

18 U.S.C. 371, relating to Conspiracy to Commit Wire Fraud. The Information also included a

forfeiture count.

On April 20, 2021, Johnson entered a guilty plea to the aforementioned Information before

the Honorable Patrick M. Hunt, United States Magistrate Judge. Sentencing is scheduled for July

29, 2021.

II. DEFENDANT’S PERSONAL HISTORY

Mr. Johnson is a twenty-nine (29) year old man, who is a life-long resident of the

Philadelphia region. He is the father of five (5) minor children. He resides with his fiancée,

Martisha Spivey, on North Lawrence Street in Philadelphia.

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A 2010 graduate of Springfield High School1, Johnson briefly attended college at Cheyney

University of Pennsylvania. During high school, Johnson enrolled in a dual education program,

earning an automotive technician certificate, along with his diploma. Johnson did not further

pursue a college degree for two primary reasons. First, he became an expectant father shortly after

starting college. Secondly, he realized his interested were more aligned with hands-on, physical

work.

In 2011, at age 19, Johnson learned the tow truck trade in Philadelphia and started his own

business, Synergy Towing and Transport. Since that time, he has been self-employed and steadily

growing his business. Originally operated as a sole proprietorship, Johnson incorporated the

business in 20152. Synergy Towing grew from a single-truck, single-driver operation to its current

small fleet of six tow trucks and approximately eight employees. With very few exceptions for

personal time off, Johnson works at his business every single day, many times working continuous

night and day-time shifts. During periods uninterrupted shifts, Johnson “resides” at his office and

storage yard, located on W. Westmoreland Street in Philadelphia. His shop is outfitted with modest

living quarters, including a shower and cooking facilities. He is involved in every minute aspect

of his business, from personally dealing with customer needs and taking care of his employees.

Mr. Johnson stands before the Court having no prior convictions, a Criminal History

Category of I.

Mr. Johnson enjoys a significant amount of support, including family members, friends

and community members, many of whom will attend sentencing. It is anticipated this support will

continue beyond sentencing and his eventual termination from federal supervision, thereby,

1
Springfield Township is in Montgomery County, Pennsylvania, immediately adjacent to Philadelphia
County.
2
Synergy Towing & Transportation, LLC, is a Pennsylvania limited liability company, organized in June
2015.
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 3 of 20

hopefully, reducing the risk of recidivism. (True and correct copies of several character letters

from family and friends are attached hereto, incorporated herein and marked as Exhibits A.)

III. GUIDELINE CALCULATIONS

The Presentence Report prepared by U.S. Probation & Parole Office sets Johnson’s

guidelines sentencing range at 27-33 months. This is consistent with a Criminal History Category

of I and Offense Level 18.

Mr. Johnson filed an objection to the calculated guideline range, which did not afford

Johnson a 3-point adjustment for Acceptance of Responsibility.3 The basis for not

recommending an adjustment for acceptance is two-fold. First, Johnson produced a urine sample

that tested positive for marijuana. Secondly, in an effort to subvert a valid urine test, Johnson

employed an anatomically correct device containing the urine of another individual when

submitting to a drug test. These events occurred on May 11, 2021, while on pre-trial release.

In United States v. Rodgers, the district court was within its discretion to deny an

adjustment for acceptance of responsibility when the defendant tested positive for drug use. United

States v. Rodgers, 278 F.3d 599 (6th Cir. 2002).4

Apart from the events of May 11, 2021, Johnson has demonstrated an acceptance of

responsibility for his conduct. Notably, following his arrest, Johnson, through his undersigned

counsel, advised the Government he likely would enter a guilty plea. After having an opportunity

3
ECF No. 45.
4
See also, United States v. McLaughlin, 378 F.3d 35 (2004) (acceptable of responsibility denied due to
defendant having been arrested for DUI and drug possession on separate occasions while on pre-trial supervision);
United States v. Ceccarani, 98 F.3d 126 (3rd Cir. 1996) (district court justified in not recognizing defendant’s
acceptance of responsibility for testing positive for drugs five times while on pre-trial supervision and refusing to
undergo treatment).

3
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to review partial discovery prior to his arraignment, Johnson confirmed his intention to enter a

guilty plea. Johnson chose to proceed by way of Information, rather than indictment.

Additionally, Johnson entered a Plea Agreement in which he agreed to restitution and

forfeiture in the amount of $165,722.13.

Finally, Johnson submitted to a subsequent urine test on July 6, 2021. The results were

negative for elicit substances.

The foregoing facts demonstrate an individual that, except for the events of May 11, 2021,

has accepted responsibility for his conduct that brings him before this Court, and further, through

the handling of this prosecution, has not unnecessarily consumed government and court resources

following his arrest.

The cases cited, supra, highlight the Court’s discretion to deny an adjustment for

acceptance of responsibility. However, given Johnson’s overall pre-trial adjustment, the defense

requests this Court to conclude that he has, indeed, accepted responsibility, and therefore, is

entitled to a 3-level downward adjustment pursuant to USSG §3E1.1.

In the event the Court sustains Johnson’s objection, the resultant Offense Level would be

15, yielding an advisory guideline range of 18-24 months.

IV. SENTENCING UNDER BOOKER

On January 12, 2005, the Supreme Court ruled that its Sixth Amendment holdings in

Blakely v. Washington, 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey, 530 U.S. 466 (2000),

apply to the Federal Sentencing Guidelines. United States v. Booker, 125 S. Ct. 738, 756 (2005).

Given the mandatory nature of the Sentencing Guidelines, the Court found “no relevant distinction

between the sentence imposed pursuant to the Washington statutes in Blakely and the sentences
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 5 of 20

imposed pursuant to the Federal Sentencing Guidelines” in the cases before the Court. Id. at 751.

Accordingly, reaffirming its holding in Apprendi, the Court concluded that

[a]ny fact (other than a prior conviction) which is necessary to
support a sentence exceeding the maximum authorized by the facts
established by a plea of guilty or a jury verdict must be admitted by
the defendant or proved to a jury beyond a reasonable doubt.

Id. at 756.

Based on this conclusion, the Court further found those provisions of the federal

Sentencing Reform Act of 1984 that make the Guidelines mandatory, 18 U.S.C. § 3553(b)(1), or

which rely upon the Guidelines’ mandatory nature, 18 U.S.C. § 3742(e), incompatible with its

Sixth Amendment holding. Booker, 125 S. Ct. at 756. Accordingly, the Court severed and excised

those provisions, “mak[ing] the Guidelines effectively advisory.” Id. at 757.

Instead of being bound by the Sentencing Guidelines, the Sentencing Reform Act, as

revised by Booker,

requires a sentencing court to consider Guidelines ranges, see 18 U.S.C.A. §
3553(a)(4) (Supp.2004), but it permits the court to tailor the sentence in light of
other statutory concerns as well, see § 3553(a).

Booker, 125 S. Ct. at 757. Thus, under Booker, sentencing courts must treat the guidelines as one

of a number of sentencing factors set forth in 18 U.S.C. § 3553(a).

The primary directive in Section 3553(a) is for sentencing courts to “impose a sentence

sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph 2.”

Section 3553(a)(2) states that such purposes are:

(A) to reflect the seriousness of the offense, to promote respect for the law, and
to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and

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(D) to provide the defendant with needed educational or vocational training,
medical care, or other correctional treatment in the most effective manner.

In determining the minimally sufficient sentence, § 3553(a) further directs sentencing

courts to consider the following factors:

1) “the nature and circumstances of the offense and the history and characteristics of the
defendant” [§ 3553(a)(1)];
2) “the kinds of sentences available” [§ 3553(a)(3)];
3) “the need to avoid unwarranted sentence disparities among defendants with similar
records who have been found guilty of similar conduct” [§ 3553(a)(6)]; and
4) “the need to provide restitution to any victims of the offense.” [§ 3553(a)(7)].

Other statutory sections also give the district court direction in sentencing. In particular,

in determining whether and to what extent a sentence of imprisonment is appropriate based on the

Section 3553(a) factors, the judge is required to “recogniz[e] that imprisonment is not an

appropriate means of promoting correction and rehabilitation.” 18 U.S.C. §3582 (emphasis

added).

Under 18 U.S.C. §3661, “no limitation shall be placed on the information concerning the

background, character, and conduct of [the defendant] which a court of the United States may

receive and consider for the purpose of imposing an appropriate sentence” (emphasis added). This

statutory language certainly overrides the (now-advisory) policy statements in Part H of the

sentencing guidelines, which list as “not ordinarily relevant” to sentencing a variety of factors such

as the defendant’s age, educational and vocational skills, mental and emotional conditions, drug

or alcohol dependence, and lack of guidance as a youth. Accordingly, courts may no longer

uncritically apply the guidelines. Such an approach would be “inconsistent with the holdings of

the merits majority in Booker, rejecting mandatory guideline sentences based on judicial fact-

finding, and the remedial majority in Booker, directing courts to consider all of the § 3353(a)

factors, many of which the guidelines either reject or ignore.” United States v. Ranum, 353 F.
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Supp. 2d 984, 985-86 (E.D. Wisc. Jan. 19, 2005) (Adelman, J.); see also United States v. Jaber,

362 F. Supp. 2d 365, 371 (D. Mass. 2005) (Gertner, J.).

In sum, in every case, a sentencing court must now consider all of the § 3553(a) factors,

not just the guidelines, in determining a sentence that is sufficient, but not greater than necessary,

to meet the goals of sentencing. Additionally, where the guidelines conflict with other sentencing

factors set forth in § 3553(a), these statutory sentencing factors should generally trump the

guidelines. See United States v. Denardi, 892 F.2d 269, 276-77 (3d Cir. 1989) (Becker, J,

concurring in part, dissenting in part) (arguing that since § 3553(a) requires sentence be no greater

than necessary to meet the four purposes of sentencing, imposition of sentence greater than

necessary to meet those purposes violates statute and is reversible, even if within guideline range).

V. APPLICATION OF THE STATUTORY FACTORS TO THIS CASE

In the present case, the Court must consider all of the factors identified in 18 U.S.C. §

3553(a) to craft a sentence that is “sufficient, but not greater than necessary” to satisfy the purposes

of sentencing. 18 U.S.C. § 3553(a)(1). Counsel submits the factors weigh as follows in Johnson’s

case:

A. The Nature and Circumstances of the Offense and Defendant’s History and
Characteristics

As previously discussed, and will be abundantly obvious at sentencing, Johnson enjoys an

unusually significant amount of family, friend and community support. He has admitted his

involvement in this fraud scheme. Through his right of allocution, Johnson will further express

his regret, and remorse, for these offenses and looks forward to continuing his business and

providing for his family.

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Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 8 of 20

As stipulated in the Factual Proffer5 in connection with Johnson Plea Agreement6, Johnson

receive $389,627 in fraudulent proceeds. Of those proceeds, a single payment in the amount of

$97,418 was wired to a co-defendant in the form of a “kickback”. In addition, Johnson purchased

2018 GMC Denali pick-up truck for use in his business. Admittedly, Johnson used the PPP Loan

proceeds to pay for the cost of this vehicle. Thereafter, the truck was outfitted with specialized

tow equipment, of which a portion of the fraudulent obtains proceeds were used as a down

payment.

Following the Government’s discovery of Johnson’s involvement in this scheme, his

business checking account at Wells Fargo was seized, resulting in the seizure of approximately

$190,000 in remaining proceeds.

B. The Need for the Sentence Imposed to Promote Certain Statutory Objectives

1. To reflect the seriousness of the offense, promote respect for the law, and
provide just punishment for the offense.

Mr. Johnson acknowledges his involvement in a very serious federal prosecution at a time

when our country was reeling from the effects of a global pandemic. For that, he has expressed

deep regret and remorse which will be reiterated at sentencing.

Other than awaiting a bond hearing, Johnson has never experienced incarceration. Any

sentence imposed by this Court will serve as an adequate deterrent in Johnson’s particular

circumstances, thereby achieving the goals of promoting respect for the law and providing a just

punishment.

2. To afford adequate deterrence to criminal conduct.

5
ECF No. 29.
6
ECF No. 30.

8
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 9 of 20

Mr. Johnson is before this Court as an individual with no criminal convictions. With his

choice to become involved in this prosecution, he brought shame upon himself and his family. His

prosecution and conviction for this case in the serious venue of federal court, along with the very

sobering possibility of incarceration, provides a more-than-adequate general deterrent to other,

similarly situated individuals. Therefore, in Johnson’s particular circumstances, a sentence below

the advisory guideline range would send an appropriate message to others and deter people from

committing similar crimes.

Additionally, Johnson has already brought about a significant, and unnecessary disruption

to his business he, otherwise, legitimately built and cultivated over the last ten years.

Considering all the information available to the Court, a sentence below the guidelines and

consistent with Johnson’s involvement relative to other individuals, will provided more than a

sufficient deterrent to him, and other similarly situated individuals, in the future.

Finally, it is well-established that the certainty of punishment, not the severity of it, has the

most significant general deterrent effect. See, e.g., CESARE BECCARIA, ON CRIMES AND

PUNISHMENTS AND OTHER WRITINGS 63 (Richard Bellamy, ed.; Richard Davis, trans., Cambridge

University Press 1995) (1764); Frank H. Easterbrook, Criminal Procedure as a Market System, 12

LEGAL STUD. 289, 295 & n.7 (1983); Alfred Blumstein, Prison, in CRIME 387, 408-409 (Wilson

& Petersilia, eds., 1995); Daniel S. Nagin & Greg Pogarsky, Integrating Celerity, Impulsivity, and

Extralegal Sanction Threats into a Model of General Deterrence: Theory and Evidence, 39

CRIMINOLOGY 865 (2001); Michael Tonry, The Functions of Sentencing and Sentencing Reform,

58 STAN. L. REV. 37, 52-54 (2005); Raymond Paternoster, How Much do we Really Know about

9
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 10 of 20

Criminal Deterrence?, 100 J. CRIM. L. & CRIMINOLOGY 765, 818 (2010) (“The safest conclusion

from the literature thus far would be that the perception of certain legal and extralegal sanctions

does seem to act as a modest deterrence factor, but that the perceived severity and celerity of

punishment do not appear to be effective deterrents to crime, and we know virtually nothing about

celerity.”). Therefore, even a sentence below the advisory Guidelines range would send an

appropriate message to others and deter people from committing similar crimes.

3. To protect the public from further crimes of the defendant.

While it is impossible to determine Johnson’s future decisions, he now stands as a

convicted felon at the age of 29. Considering his employment history, his cooperation with

authorities following his arrest, along with his demonstration of remorse, this, optimistically,

suggests that Johnson is unlikely to re-offend in the future.

4. To provide the defendant with needed educational or vocational training,

medical care, or other correctional treatment in the most effective manner.

Mr. Johnson has demonstrated his ability to start, and run, a business from a young age

without pursuing a formal education beyond high school. Nonetheless, he may very well serve

himself well by taking advantage of the educational opportunities while on federal supervision.

Not only would this be beneficial to Johnson’s business endeavors, it may well contribute to

ameliorating the possibility of recidivism.

C. The Sentencing Range Established by the Sentencing Commission

In Booker, the Supreme Court severed and excised 18 U.S.C. § 3553(b), the portion of the

federal sentencing statute that made it mandatory for courts to sentence within a particular

10
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sentencing guidelines range. Booker, 125 S. Ct. at 756. This renders the sentencing guidelines

advisory. Id.

D. The Need to Avoid Unwarranted Disparities

Due to Johnson’s particular circumstances, a sentence below the range suggested by the

advisory guideline range will not result in unwarranted sentencing disparity.

E. The Need to Provide Restitution to Any Victims of The Offense

In his Plea Agreement, Johnson agreed to restitution and forfeiture in the amount of

$165,722.13. There is reason to believe the continued viability of Johnson’s towing business

affords a realistic expectation he will meet these obligations. Although the timeline to satisfy this

significant figure is unclear, Johnson’s ability to maintain his business as a going concern certainly

will provide a better outlook for his prompt repayment of the loss he inflicted.

VI. CONCLUSION

Based on the above stated reasons, the defense respectfully requests that this Court provide

Johnson with an opportunity for community supervision, or alternatively, a brief period of

incarceration.

[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]

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Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 12 of 20

Respectfully submitted,
LAW OFFICE OF ANDREW G. GAY, JR., LLC

_________________________________________
ANDREW G. GAY, JR.*
Attorney for Defendant
Identification No. 83401
1518 Walnut Street, Suite 807
Philadelphia, PA 19102
(215) 545-7110
(215) 545-7131 (facsimile)
Email: AGGJR@AGGJR.com

* Pro hac vice

12
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 13 of 20

CERTIFICATE OF SERVICE

I, Andrew G. Gay, Jr., hereby certify that a true and correct copy of this document was

served this 23rd day of July 2021, in accordance with the Federal Rules of Criminal Procedure via

notice of filing that is automatically generated by ECF to those counsel, or parties, who are

authorized to receive Notices of Electronic Filing, to include, without limitation, the counsel listed

on the attached Service List.

_________________________________________
ANDREW G. GAY, JR.*
Attorney for Defendant

* Pro hac vice

13
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SERVICE LIST
UNITED STATES V. TONYE C. JOHNSON
CASE NO. 21-CR-60017-RKA

David A. Snider, Esquire
Assistant United States Attorney
United States Attorney’s Office
Southern District of Florida
99 N.E. 4th Street
Miami, FL 33132

Philip Trout, Esquire
United States Department of Justice
Criminal Division, Fraud Section
1400 New York Avenue, NW
Washington, DC 20530

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Exhibit A
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 16 of 20

Sonya Johnson

2100 Carolton Way

Flourtown, PA 19031

July 19, 2021

Your Honor:

I am writing to vouch for the character of my son, Tonye Johnson, who faces criminal sentencing before
your court on Thursday July 29, 2021.

My son, Tonye made a mistake, which has resulted in the charges against him. Tonye has expressed his
deepest sense of remorse for allowing himself to get caught up in the unlawful activities of this case.
Tonye has the determination to learn from this experience and create more positive pathways in his life
to prevent anything like this from happening again.

Tonye has five children (4 boys and a little girl), ranging from ages 8-1 years old. Tonye’s children adore
him, and I can’t imagine them without their dad in their lives. He provides for them, spends family time,
even at young ages he is instilling in them the value of family, education, hard work, dedication, and
being of sound character. Tonye is an incredible father, and his children need him.

Since the age of 3 years old, Tonye has been my protector. He stopped his dad from punching me at the
age of 3. Tonye is dependable and has always made sure “Mom Dukes” was safe, doing well, and had
what I needed to survive in this crazy world. Your Honor, my son truly means the world to me.

Tonye is the type of person that will give you the shirt off his back, make sure you have a meal to eat,
offer you a place to stay (even if it’s Mom Duke’s house, as that’s what his friends, now our family call
me). Tonye serves as a great support for our family, and I am so proud of the man he has become. Tonye
had played football for school, as well as community teams. His years of dedication to the sport has
provided him the opportunity to coach little league football and serve as a mentor for many young boys
and men in the community. He has built long-lasting relationships through the years with teachers,
coaches, co-workers, friends, and family.

Tonye is one of the hardest working young men I know. He’s built his tow truck business on his own,
starting with working from his car, learned the business, saved his money, purchased his first tow-truck,
continued to work hard, and dedicated himself to building the very successful tow-truck company he has
today, now with a fleet of 4 trucks.

Your Honor, I ask that you please have mercy on my son when you are given Tonye his sentence. Tonye
is an amazing young man with strong character, he is hardworking and motivated to do positive things
with his life. Tonye is supportive and dedicated to his children, family, and friends.

Your Honor, thank you for your time.

Sincerely,

Sonya Johnson
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 17 of 20

To whom it may concern,

I am a 28-year-old Union Plasterer with no criminal record. I am the proud son of two United States
Army War Veterans! Just a quick introduction just in case you were wondering the credentials and
character behind this letter.
When I was six years of age I moved to the Northeast part of Philadelphia and met my now called
brother during our football program. Tonye was and still is an outstanding player. Tonye was named a
star very soon after he began his football career, because of his outstanding personality and die hard
need to make everybody around him feel loved and cared for.
This is a man that would take your mother’s trash out if your out of town, without you even asking.
The type of friend that brings you soup while you’re sick, oppose to one of those “friends” you only see
during a tragedy. Tonye would give you his last just to see you smile.
It broke my heart when he explained the situation that he is currently in, and needed a letter of
confirmation of his enormous heart and willingness to be a better man every day for his big family.
Tonye was one of the very few kids my strict parents allowed me to hang around, mainly because of
how good of a role model he was to his peers. My parents consider Tonye to be my big brother and we
are almost the same age and we are not blood relatives, we consider him family because of his
character; how respectful, caring and responsible he is, even from a young age.
Now that we are both grown up, I still look up to Tonye. He is a great example of a hardworking family
man. Makes me so happy to see him raising 5 kids happily, while working 7 days a week and employing
some people I’ve personally known in the neighborhood that were not doing so well. Tonye strives to
take care of everyone in any way he can.
I commend him in every way and will proudly say Tonye is my big brother! And hopefully after reading
this you will realize that jail time is the last thing that this working family man of five should be thinking
about!

Thank you for your time!

Sincerely,

Tyrek Brown
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 18 of 20

To whom it may concern,

I am a very good friend and business associate to Tonye Johnson. He has been towing cars for one of
my companies for the past five years. He is very courteous to customers and always gets outstanding
reviews. He is very punctual honest and forth right.
I have sent him to pick up vehicles with cash and I don't have to worry at all about the safety of my money
or the customers car.
Mr. Johnson is a very hard-working man, an excellent father and businessman.
Mr. Johnson is a great positive influence in our community and our business industry as well.
I thank you for accepting this letter.
I hope that this letter has cast a light on the true character of Mr. Tonye Johnson.

Thank you,
Gary T Collins, President
Collins Automotive Inc.
Crynell Properties LLC.
C+J Capital.
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 19 of 20

To whom it may concern,
I hope you read this with a open heart and mind.
I am writing this letter in regards of my personal relationship with Tonye Johnson who is father of our
son Logan Johnson, I know that on paper because of this situation you may think differently of Tonye
but before you fully make your mind up about him let me say a few things about him and our history.
Tonye saved my life multiple times yes I know it sounds cliché but it is true, a few years back I was
sexually assaulted and wasn’t dealing with life to well and wanted to end it I couldn’t take it but then I
met Tonye, whenever I needed to talk or needed to get out of the house or needed somewhere to live
he was always there but the best part was he didn’t know what had happened to me he just knew I was
broken and needed someone he just wanted to help in any that he could and that bond made me want
to fight for my life and try to be happy again.

I ended up getting pregnant a few months after with our son logan, Tonye is an amazing father to all his
kids. My son loves his father so much and everything that Tonye does he want to do. He wants to start
his own business at a young age or playing football, even the small things like the music he listens to or
the way he talks, he wants to do it all. Tonye has a big heart when it comes to kids. He takes in and cares
about anyone kids like, my daughter Blake. He helps me take care of her, pick her up from daycare,
watches her when I need help, and if I need anything financially, he has no hesitation in helping me I’ve
never had someone like that before. I don’t have the best family at all so when I need help or advice
maybe even someone to lean on, he’s my go to person I can always depend on.

Everyone makes mistakes and everyone messes up, we are human. But I can say I can see and can tell
you that if Tonye had a chance to take it all back and never put himself in this situation he would in a
heartbeat. Leaving his kids is breaking him more than you can imagine truly. I hope that you reconsider
his sentence for the kids because everyone deserves a second chance in life to do better and to become
a better person so less people can be in jail and stay out to make this crazy world better.

Thank You,
Nina Carter
Case 0:21-cr-60017-RKA Document 50 Entered on FLSD Docket 07/23/2021 Page 20 of 20

To whom it may concern,

Hmm what can I say Tonye Johnson better known as Tone, aka smurf. He has been a
major figure in my life. He might be younger than me but age is just a number. I’ve been
through a lot in my life which caused me to become the person I am today.
Tone may not have known this, at the time he helped me through my darkest times. I’ve
been in foster care most of my life. I’ve been with 7 different families, so you can
imagine what my trust issues are like. Tone always been there for me. He is family, he’s
been family for a very long time. I can say without Tone I wouldn’t have become the
man I am today.
Tone played a big part in all of his brothers lives, which is about 25-50 of us. Always
tried to keep us out of trouble and if we was hurting he will find some way to make us
laugh. Tone was not just a great brother, but he has worn a lot of hats as Barber,
Mechanic, Handyman, Babysitter, Teacher and so much more. But of all Tonye
Johnson has been a great black father. Never once did he turn his kids away. Someday
I want to have kids and I hope I can be half the father he is to his kids.
Some days I think to myself how does he do it? I’ve seen Tone bring his towing
company up from the ground, from some days sleeping in his truck and some sleepless
nights. The only thing that can come next is him leveling up on the success ladders.
Watching Tone grow only made me go harder. Our saying “GOHARD or GOHOME”, we
take that to the grave because success never came to a person that wasn’t working for
it. There have be times I was on punishment and was not in the right state of mind and I
would think no one cares about me and wonder why am I here, then I would hear
someone run up my stairs and it was my bro, Tonye Johnson.
I wish Tone nothing but the greatest things in life. You deserve everything bro. You did it
your way and we all look at success different. Thank u for being a great brother to me.
You will always be my guy, RNR4LYFE!

Thank you,
Quamee Townsend

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