Johnson v. United States

FACTS

17 On April 2, 2012, Defendant Gilbert Paul Johnson was charged by complaint 18 with importing cocaine into the United States in violation of 21 U.S.C. §§ 952, 960. 19 On April 26, 2012, Defendant waived indictment and was charged by information 20 with importing cocaine and methamphetamine into the United States in violation of 21

U.S.C. §§ 952, 960.

22 On May 31, 2012, Defendant pled guilty to the charges in the information. 23 On July 21, 2014, the Court sentenced Defendant to 37 months custody and 24 5 years’ supervised release on each count, with the sentences to run concurrently. 25 On July 27, 2015, the United States Probation Office (“USPO”) filed a Petition 26 for Warrant or Summons for Offender Under Supervision (“First Petition”) alleging that 27 Defendant violated the terms of his supervised release by committing violations of the 28 California Penal Code. In the First Petition, the USPO made two allegations of noncompliance: first, that on or about July 12, 2015, Johnson inflicted injury on his cohabitant in violation of California Penal Code (“PC”) § 273.5; and second, that on or about July 12, 2015, Johnson was a felon in possession of a…