17 December 2001
Source: Online records of the Western District of Washington, via PACER.

See transcription of Record No. 119: http://cryptome.org/cej110201.htm


Docket as of November 10, 2001 7:25 am Web PACER (v2.3)




U.S. District Court

U.S. District Court -- Western Washington (Tacoma)

CRIMINAL DOCKET FOR CASE #: 98-CR-5393-ALL

USA v. Johnson

Filed: 09/30/98
Other Dkt # 2:98-m -00430



Case Assigned to: Judge Robert J Bryan



Case Referred to: Law Clerk Colleen Klein




CARL EDWARD JOHNSON (1) , Carl    Todd Maybrown
E. Johnson                         [term  11/02/01] 
     defendant                    FTS FAX
 [term  11/02/01]                 FAX 447-0839
                                  [COR LD NTC ret]
                                  ALLEN, HANSEN & MAYBROWN, P.S.
                                  600 UNIVERSITY ST
                                  STE 3020
                                  SEATTLE, WA 98101
                                  206-447-9681
                                  Gene M Grantham
                                   [term  05/17/99] 
                                  FTS FAX
                                  FAX 682-3002
                                  [COR LD NTC cja]
                                  119 1ST AVE S
                                  STE 500
                                  SEATTLE, WA 98104
                                  206-682-6644
Pending Counts:                          Disposition
18:115.F RETALIATION AGAINST      37 months custody w/credit for
JUDICIAL OFFICER                  time served; 3 yrs
(2s)                              supervised release; $400.00
                                  special assessment; no fine
                                  (2s)
18:1503.F OBSTRUCTION OF          37 months custody w/credit for
JUSTICE BY THREAT OF DEATH        time served; 3 yrs
AGAINST  JUDICIAL OFFICER         supervised release; $400.00
(3s)                              special assessment; no fine
                                  (3s)
18:875C.F THREATENING             37 months custody w/credit for
COMMUNICATIONS IN INTERSTATE      time served; 3 yrs
OR        FOREIGN COMMERCE        supervised release; $400.00
(4s)                              special assessment; no fine
                                  (4s)
18:875C.F THREATENING             37 months custody w/credit for
COMMUNICATIONS IN INTERSTATE      time served; 3 yrs
OR        FOREIGN COMMERCE        supervised release; $400.00
(5s)                              special assessment; no fine
                                  (5s)
Offense Level (opening): 4       
Terminated Counts:                       Disposition
18:115A.F Threaten to Murder      dismissed
certain Federal Law               (1)
Enforcement Officers and
Judges
(1)
18:1503.F OBSTRUCTION OF          dismissed
JUSTICE BY THREAT OF DEATH        (1s)
AGAINST  JUDICIAL OFFICER
(1s)
Offense Level (disposition): 4       
Complaints                               Disposition
For Violation of                  dismissed
18:115(a)(1)(B): Threatening      (-1)
to assassin    IRA officers
[ 2:98-m -430 ]
U. S. Attorneys:
  Floyd G Short
   [term  11/02/01] 
  FTS FAX
  FAX 553-2502
  [COR LD NTC]
  Robert Louis Jacob London
   [term  11/02/01] 
  FTS FAX
  FAX 553-0755
  [COR LD NTC]
  U S ATTORNEY'S OFFICE
  601 UNION ST
  STE 5100
  SEATTLE, WA 98101-3903
  206-553-7970



DOCKET     PROCEEDINGS


DATE     #                   DOCKET     ENTRY

8/5/98   1       COMPLAINT  Magistrate Judge Ricardo S. Martinez
                 [ 2:98-m -430 ] (db) [Entry date 08/11/98]

8/5/98 -- WARRANT ISSUED for SEALED [ 2:98-m -430 ] (db) [Entry date 08/11/98]
8/19/98 2 Arrest Warrant returned executed as to Carl Edward Johnson 8/19/98 [ 2:98-m -430 ] (seal) [Entry date 08/21/98]
8/19/98 -- DEFENDANT Carl Edward Johnson arrested [ 2:98-m -430 ] (seal) [Entry date 08/21/98]
9/30/98 3 INDICTMENT by USA Robert Louis Jacob London. Counts filed against Carl Edward Johnson (1) count(s) 1 (car) [Entry date 10/02/98]
9/30/98 4 ORDER DIRECTING ISSUANCE of Bench WARRANT for Carl Edward Johnson by Magistrate Judge Ricardo S. Martinez (iss.) (car) [Entry date 10/02/98]
10/9/98 5 Arrest Warrant returned unexecuted for Carl Edward Johnson - warrant issued in error (car) [Entry date 10/13/98]
1/15/99 7 MINUTES of Init/Arraignment:JLW, Dep Clerk:P Voelker, AUSA: Ken Parker, Def Counsel:Gene Grantham, Tape #A-586, USPT:Tracey White first appearance of Carl Edward Johnson in this district, Attorney Gene M. Grantham present D' enters NOT GUILTY plea to Indictment; pretrial motions cutoff set for 2/4/99; jury trial set for 9:00 a.m. on 3/15/99 detention hearing set for 1:30 p.m. on 1/20/99 for Carl Edward before Judge Weinberg D' remanded. Temporary order of detention filed (car) [Entry date 01/25/99]
1/15/99 8 FINANCIAL AFFIDAVIT as to Carl Edward Johnson (car) [Entry date 01/25/99]
1/15/99 9 CJA Form 20 (Appointment of Counsel)for Carl Edward Johnson - appointing Gene Grantham as cnsl (voucher #0911503) (car) [Entry date 01/25/99]
1/15/99 10 MOTION for detention Order by Gov't as to D' (car) [Entry date 01/25/99]
1/19/99 6 RULE 40 Documents received from Arizona as to Carl Edward Johnson - (a) minutes dated 8/19/98; (b) minutes dated 8/21/98; (c) cja 20 appt voucher; (d) Order dated 8/26/98 order psychiatric evaluation; (e) Minute Order dated 8/25/98 re: telephonic communication regarding D'; (f) Return on Order ordering psychiatric eval of D'; (g) Order dated 10/27/98 - Order evaluation of D' no later than 10/30/98; (h) Minutes dated 11/30/98; (i) Minutes dated 12/11/98; (j) Minutes dated 1/5/99; (k) Witness list; (l) Exhibit list; (m) Receipt of Exhibits - returned; (n) Order of Commitment to Another District; (o) docket sheet (car) [Entry date 01/21/99]
1/20/99 11 LETTER by defendant's cnsl waiving detention hearing and stipulating to detention (car) [Entry date 01/25/99]
1/22/99 12 DETENTION ORDER of Carl Edward Johnson pending Trial by Magistrate Judge David E. Wilson (cc: counsel, Mag. Judge, PTS, Jgm. Bk., USMO) (car) [Entry date 01/25/99]
2/1/99 -- PROPOSED Stipulation and Order Continuing the Date for Filing Pretrial Motions (car) [Entry date 02/03/99]
2/8/99 13 STIPULATION and ORDER by Judge Robert J. Bryan that the due date for submission of pretrial mtns for D' Carl Edward Johnson, is cont'd to 2/18/99 (cc: counsel, Judge) (car) [Entry date 02/08/99]
3/1/99 14 MOTION to continue trial date by defendant NOTED FOR 3/19/99 (car) [Entry date 03/01/99]
3/1/99 15 MOTION to shorten time on motion to continue trial date by defendant [14-1] NOTED FOR 3/3/99 (car) [Entry date 03/01/99]
3/1/99 -- LODGED ORDER: re: motion to shorten time on motion to continue trial date by defendant [14-1] [15-1] (car) [Entry date 03/01/99]
3/2/99 16 MINUTES of hrg on Mtn to Cont Trial Date:RJB, Dep Clerk: Jean Boring, AUSA:Rob London/Floyd Short, Def Counsel:Gene Grantham, CR:Julaine Ryen. Def cnsl requests 60 day cont. D' indicates that he wants to try the case himself and he wants to go to trial on the date set. Gov't does not oppose a cont but will be ready for trial on 3/15/99. Gov't intends to pres a SSI to the GJ on Thurs of this wk. Speedy trial discussed. Court inquires into release status of D'; Gov't adv the court there is a Fed detainer and the D' will be remanded to Arizona to face charges. The court adv the D' of his rights of self incrimination. D' wishes to rep himself but will allow cnsl to ass't. Court makes inquiry with D' about his mental health. Court reviews trial proc, rules and adv the D' that he will be putting himself at risk if he reps himself. For the reasons stated, by the court on the record, D' Oral Motion to rep himself is DENIED; D' mtn to cont the trial is DENIED. Gov't to submit Psychriatric Report to the court under seal. Court urges the med staff at the Det Ctr at SeaTac to evaluate that the D' is getting the proper medication , (car) [Entry date 03/02/99]
3/2/99 17 ORDER by Judge Robert J. Bryan GRANTING motion to shorten time on motion to continue trial date by defendant [14-1] [15-1] (cc: counsel, Judge) (car) [Entry date 03/02/99]
3/2/99 18 MINUTE ORDER by Judge Robert J. Bryan that for the reasons stated, by the Court on the record, D' Oral Motion to represent himself is DENIED. D' mtn to continue trial date by defendant [14-1] is DENIED. (cc: counsel, Judge) (car) [Entry date 03/02/99]
3/3/99 19 NOTICE by plaintiff of Intent to Use D' Stmts at Trial (car) [Entry date 03/05/99]
3/4/99 21 SUPERSEDING indictment Carl Edward Johnson (1) count(s) 1s, 2s, 3s, 4s, 5s (ec) [Entry date 03/08/99]
3/4/99 22 ORDER CONTINUING CONDITIONS of DETENTION by Magistrate Judge Ricardo S. Martinez as to Carl Edward Johnson (ec) [Entry date 03/08/99]
3/5/99 20 MOTION to appear po se with stand by cnsl by defendant NOTED FOR 3/19/99 (car) [Entry date 03/05/99]
3/5/99 23 MINUTES of Arraignment on Superseding Indictment: RSM, Dep Clerk L Williams, AUSA London, Def Counsel G Grantham, Tape # A606, dft present in custody, dft Carl Edward Johnson arraigned; Not Guilty plea entered; Attorney present; jury trial is 9:00 on 3/15/99 for Carl Edward Johnson; dft remanded (ec) [Entry date 03/08/99]
3/8/99 24 MINUTES of Status Phone Conference: RJB, Dep Clerk J Boring, AUSA R London/F Short, Def Counsel G Granthan, CR J Ryen, dft present in custody, counsel advises Court dft has been arraigned on SSI; dft counsel intends to file mtoion to continue due to SSI; motion hearing is 9:30 on 5/9/99 for Carl Edward Johnson (ec) [Entry date 03/09/99]
3/9/99 25 MINUTE ORDER by Judge Robert J. Bryan; dft's renewed motion to continue trial is GRANTED ; jury trial continued to 9:30 on 4/12/99 for Carl Edward Johnson, ends of justice served by continuing trial and excluding speedy trial time, XT started/stopped; dft's motion for self representation is held in abeyance (cc: counsel, Judge) (ec) [Entry date 03/09/99]
3/9/99 26 MINUTES of Motions/Status and Initial Pretrial Conference: RJB, Dep Clerk J Boring, AUSA R London/F Short, Def Counsel G Grantham, CR J Ryen, dft present, dft orally renews motion to continue trial date due to filing of the Superseding Indictment, dft does not want ot waive his speedy trial; govt does not oppose the continuance ; jury trial rescheduled to 9:30 on 4/12/99 for Carl Edward Johnson; govt's intent to use statements made by dft's will need a pretrial hrg and should take 1/5 to 2 hrs and will be conducted after selection of jury; dft's motion to appear pro se with standby counsel is held in abeyance until shortly before or during trial; further prtrial conference may be needed prior to trial (ec) [Entry date 03/09/99]
3/9/99 27 NOTICE by defendant (ec) [Entry date 03/09/99]
3/9/99 28 RESPONSE by plaintiff to dft's request for continuance of trial date (ec) [Entry date 03/09/99]
3/9/99 29 MINUTE ORDER by Judge Robert J. Bryan ; pretrial conference is 8:30 on 4/2/99 for Carl Edward Johnson; trial briefs shall be due at time of pretrial conference (cc: counsel, Judge) (ec) [Entry date 03/09/99]
3/11/99 30 TRANSCRIPT of hearing for the following date(s): 3/2/99; CR initials: Julaine Ryen (mw) [Entry date 03/12/99]
3/23/99 31 MOTION to dismiss by defendant; ORAL ARGUMENT REQUESTED NOTED FOR 4/2/99 (car) [Entry date 03/23/99]
3/23/99 32 MEMORANDUM by defendant in support of motion to dismiss by defendant [31-1] (car) [Entry date 03/23/99]
3/23/99 33 AFFIDAVIT of Gene M Grantham regarding motion to dismiss by defendant [31-1] (car) [Entry date 03/23/99]
3/23/99 -- LODGED ORDER re: motion to dismiss by defendant [31-1] (car) [Entry date 03/23/99]
3/23/99 34 MINUTE ORDER by Judge Robert J. Bryan that Oral Argument is scheduled on D' mtn for dismissal of superceding indictment on 4/2/99 at 8:30 a.m. (cc: counsel, Judge) (car) [Entry date 03/23/99]
3/31/99 -- ENT- Confidential Report filed in Vault (ja) [Entry date 03/31/99]
3/31/99 35 MOTION to require Gov't to furnish a list of witnesses to defendant NOTED FOR 4/9/99 (car) [Entry date 03/31/99]
3/31/99 36 MOTION for order to prov D' w/daily trial transcripts by defendant NOTED FOR 4/9/99 (car) [Entry date 03/31/99]
3/31/99 37 MTN for order to allow D' to inspect & copy all evidence taken at the time of D' arrest NOTED FOR 4/9/99 (car) [Entry date 03/31/99]
3/31/99 38 MTN to allow cnsl to inspect & copy any and all evidence relating to D' case NOTED FOR 4/9/99 (car) [Entry date 03/31/99]
4/1/99 39 RESPONSE by Gov't to motion to dismiss superceding indictment [31-1] (seal) [Entry date 04/01/99]
4/2/99 40 TRIAL BRIEF submitted by plaintiff (car) [Entry date 04/02/99]
4/2/99 41 WITNESS LIST submitted by plaintiff (car) [Entry date 04/02/99]
4/2/99 42 TRIAL BRIEF submitted by defendant (car) [Entry date 04/02/99]
4/2/99 43 REBUTTAL MEMORANDUM by D' in support of motion to dismiss [31-1] (car) [Entry date 04/02/99]
4/2/99 44 MINUTES of Oral Argument on Mtns:RJB, Dep Clerk:Jean Adamson, AUSA:Rob London, Def Counsel:Gene Grantham, CR:Rita Ketza (Vernon). ORAL ARGUMENT CONDUCTED on D' mtn to dismiss - DENIED w/o prejudice for the reasons stated orally by the court. D' (pro se) Motion for List of Witnesses - GRANTED; AUSA will provide list to D' & cnsl at conclusion of this hrg. Court requests tha thte officials at FDC allow Mr. Johnson access to his legal papers to prepare for trial; Court re-advises D' of his rights and cautions him about self-incrimination; D' mtn to allow cnsl to inspect and copy any and all evid relating to D' case - GRANTED TO THE EXTENT stated; the court authorizes D' reasonable access to his computer files. Cnsl shall forthwith and in good faith arrange computer access within security parameters of the FDC. This process should be done in the presence of defense cnsl. For the reasons stated by the court, D' mtn for daily transcripts is DENIED WITHOUT PREJUDICE; D' mtn to proceed pro se with standby cnsl is DENIED WITHOUT PREJUDICE Hrg re: Use of D' stmt should take about 1 to 1.5 hrs. AUSA to submit proposed jury instructions to Def cnsl. Def cnsl will then submit and file any add to the instructions with the court. Joint questionnaire may be submitted by cnsl; jury selection process rev'd with cnsl; Gov't indicates that their case-in-chief will take 4 days. Def does not yet know whether they will call wits. A time est of less than 2 wks is expected. Settlement conf discussed; the court declines to appt a settlement judge (car) [Entry date 04/02/99]
4/2/99 45 MINUTE ORDER by Judge Robert J. Bryan that Oral Argument was conducted on D' mtn to dism - DENIED w/o prejudice for the reasons stated orally by the court. D' (pro se) mtn for list of wits - GRANTED; the court req that the officials at the FDC allow Mr. Johnson access to his legal papers to prepare for trial; D' (pro se) mtn to allow cnsl to inspect and copy any and all evid relating to D' case - GRANTED to the extent stated; The court authos the D' reasonable access to computer files. Cnsl shall forthwith and in good faith arrange computer access within security parameters of the FDC. The process of accessing the files should be done in the presence of def cnsl. For the reasons stated by the court, D' mtn for daily transcripts is DENIED. D' mtn to proceed pro se w/standby cnsl is DENIED w/o prejudice. (cc: counsel, Judge) (car) [Entry date 04/02/99]
4/9/99 46 EXHIBIT LIST by plaintiff (car) [Entry date 04/09/99]
4/9/99 47 PROPOSED JURY INSTRUCTIONS by plaintiff (cited) (car) [Entry date 04/09/99]
4/9/99 48 PROPOSED JURY INSTRUCTIONS by plaintiff (uncited) (car) [Entry date 04/09/99]
4/9/99 49 PROPOSED VOIR DIRE submitted by plaintiff (car) [Entry date 04/09/99]
4/12/99 50 PROPOSED VOIR DIRE QUESTIONS submitted by defendant (car) [Entry date 04/12/99]
4/12/99 51 AMENDED WITNESS LIST submitted by plaintiff (car) [Entry date 04/12/99]
4/12/99 52 AMENDED EXHIBIT LIST by plaintiff (car) [Entry date 04/12/99]
4/12/99 53 MINUTES of Mtns & Voluntariness Hrg:RJB, Dep Clerk:Jean Adamson, AUSA:Rob London/Floyd Short, Def Counsel:Gene Grantham, CR:Julaine Ryen, USPT/USPO:none present Def cnsl adv court about D' decision to wv the jury against cnsl's adv. Gov't adv the court that they have no objs to wv of jury. (Purs to Rule 23a). D' verbally wvs his right to a jury; Court makes inquiry of D'; D' verbally wvs the jury; Formal wv of jury signed and filed - (D' signed as CJ Parker aka Carl E Johnson) ACCEPTED by the Court. Mtns in Limine are contained in P' trial brief. Gov't moves to exclude witnesses during trial - GRANTED. D' files a mtn for production of documentation and a mtn for constitutional relief; Court to review mtns filed by D' and briefs filed by cnsl and trial will begin tomorrow at 9:30 a.m. (car) [Entry date 04/12/99]
4/12/99 54 WAIVER of Jury by defendant Carl Edward Johnson (car) [Entry date 04/12/99]
4/13/99 -- ENT- Forensic Mental Health Report and Transmittal letters are SEALED by the court and filed in the vault. (ja) [Entry date 04/13/99]
4/13/99 55 MOTION for production of documentation by D' (car) [Entry date 04/13/99]
4/13/99 56 MOTION for constitutional relief by defendant (car) [Entry date 04/13/99]
4/13/99 57 MINUTES of Court Trial - Day 1:RJB, Dep Clerk:Jean Adamson, AUSA:Rob London/Floyd Short, Def Counsel:Gene Grantham, CR:Julaine Ryen. 9:30 a.m. - Info War docs are returned to def cnsl to be re-submitted as exhs during the trial, if approp; D' mtns in lim (contained in the trial brief) are DENIED w/o prejudice; D' pro se mtn for prod of docs is DENIED; D' pro se mtn for constitutional relief is DENIED, the Court declines to reverse the ruling previously made; the Forsenic mental health report and transmittal ltrs shall be filed UNDER SEAL; D' mtn to dism for speedy trial iss is RESERVED to allow the Gov't time to respond. Gov't indicates thney can respond by Thurs. 9:50 Opening stmts pres by both sides 11:20 a.m. - Gov't calls Stuart Alexander; Cynthia Brown; William Mitchell; Spense Koehler; Steven Foster 4:30 Recess (car) [Entry date 04/14/99]
4/14/99 58 MINUTES of Court Trial - Day 2:RJB, Dep Clerk:P LeFrois, AUSA:Rob London/Floyd Short, Def Counsel:Gene Grantham, CR:Julaine Ryen. Cnsl requests to ext court time into lunch to accomodate out of town wits. Exhs admitted: 22, 23, 25, 27, 41b, 60, 61, 73a, 74, 75, 76, 77, 39, 40, 71a, 71b, 73b, 79, 72, 100a, 100b, 100c. 9:36 - Gov't calls: (recalls) Steven Foster; Donald Burlack; Daniel Deck; Shan Noyes; John Gilmore. D' states he wants to question wit. Court reviews rights & adv he may incriminate himself. Court adv D' to rev w/his atty during recess, any questions he wants to ask of wits. D' wants/needs his papers/info taken from him by prison authos; Court adv USMO to obtain them from BOP & to bring them w/D' to court on Thurs. Court adjourns until 12:30. At that time the Court will determine what action to take. 12:37 - Court in session w/D' pres. Court adv according to law, it is important that D' be pres during trial. If D' is disruptive, Court may have to take some action to control D' outbursts. D' states he understands & adv he will try to stay in control. Court adjourned until 9:30 on Thurs. (car) [Entry date 04/15/99]
4/16/99 59 MINUTES of Court Trial - Day 3:RJB, Dep Clerk:Pat LeFrois, AUSA:Rob London/Floyd Short, Def Counsel:Gene Grantham, CR:Julaine Ryen. 9:35 - Gov't recalls John Gilmore; calls Julie Anderson; John Rabatin; Larry Wayne Johnson; Declan McCullagh; Susan Crandell; Linda Reed. Exhibits admitted. Gov't adv the memo/info re: speedy trial will be filed by Friday afternoon. 4:30 - Recess Until Monday 9:30 a.m. Court is to be in session at 11:00 a.m. for Gov't to call one witness on Friday (car) [Entry date 04/16/99]
4/16/99 60 MINUTES of Court Trial - Day 4:RJB, Dep Clerk:Pat LeFrois, AUSA:Rob London/Floyd Short, Def Counsel:Gene Grantham, CR:Julaine Ryen. 11:00 - Gov't calls Michael Moskaitis. 4:30 Recess until Monday at 9:30 a.m. (car) [Entry date 04/16/99]
4/16/99 61 LETTER by Warden W.A. Perrill re: D' Johnson (car) [Entry date 04/16/99]
4/16/99 62 THIRD AMENDED EXHIBIT LIST by plaintiff (ec) [Entry date 04/19/99]
4/16/99 63 RESPONSE/MEMORANDUM ON SPEEDY TRIAL by plaintiff re: motion for constitutional relief by defendant [56-1] (ec) [Entry date 04/19/99]
4/19/99 64 DECLARATION of counsel by defendant re dft's motion for constitutional relief by defendant [56-1] (ec) [Entry date 04/19/99]
4/19/99 65 MINUTES of Court Trial-Day 5: RJB, Dep Clerk P LeFrois, AUSA R London/F Short, Def Counsel G Grantham, CR J Ryen, govt amends/substitutes exh #160, govt calls: S Russell, S McArthur, J Kelley Arnold, W Denney, J Gordon; exhs admitted; dft calls: B Weber out of order, Agent J Gordon to resume stand on Tuesday (ec) [Entry date 04/20/99]
4/20/99 66 MOTION to substitute Pro Se in place of Gene M. Grantham by defendant (km) [Entry date 04/20/99]
4/20/99 67 ORDER REGARDING SENTENCING PROCEDURES by Judge Robert J. Bryan ; sentencing hearing is 10:00 on 6/11/99 for Carl Edward Johnson (cc: counsel, Judge) (ec) [Entry date 04/21/99]
4/20/99 69 COURT TRIAL EXHIBIT LIST (ec) [Entry date 04/21/99]
4/20/99 70 RETURN OF EXHIBITS to counsel pursuant to local rule. (ec) [Entry date 04/21/99]
4/20/99 71 MINUTES of Court Trial-Day 6: RJB, Dep Clerk P LeFrois, AUSA R London/F Short, Def Counsel G Grantham, CR J Ryen, Court DENIES motion regarding speedy trial, govt calls Agent J Gordon, govt rests; opening by dft, dft calls: J Moore, dft rests; Court advises dft his rights regarding right to testify or right to remain silent, dft chooses to remain silent and not testify, accepted by Clerk; closing by govt, closing by dft, rebuttal by govt, DENYING motion to substitute Pro Se in place of Gene M. Grantham by defendant [66-1] ; jgm of Court- Count 1, NOT GUILTY, Count 2, GUILTY, Count 3, GUILTY, Count 4, GUILTY, Count 5, GUILTY; sentencing hearing is 10:00 on 6/11/99 for Carl Edward Johnson (ec) [Entry date 04/21/99]
4/21/99 68 COURT TRIAL WITNESS LIST (ec) [Entry date 04/21/99]
4/30/99 72 TRANSCRIPT of D's opening statement for the following date(s): 4/13/99; CR initials: Julaine Ryen (mw) [Entry date 04/30/99]
4/30/99 73 TRANSCRIPT of testimony of John Gilmore for the following date(s): 4/14/99; 4/15/99; CR initials: Julaine Ryen (mw) [Entry date 04/30/99] [Edit date 04/30/99]
5/5/99 74 LETTER by defendant directed to Judge Bryan re: sentencing (car) [Entry date 05/05/99]
5/5/99 75 CJA FORM 24 (Authorization Voucher for Transcript Payment) for Carl Edward Johnson - Transcript of Defense's Opening Statement & John Gilmore's testimony (car) [Entry date 05/06/99]
5/11/99 76 LETTER by defendant directed to Mag Judge Arnold re: behavior in courtroom (car) [Entry date 05/11/99]
5/13/99 77 NOTICE by counsel for defendant of change of address (car) [Entry date 05/17/99]
5/13/99 -- PROPOSED Stipulation and Order Substituting Counsel (car) [Entry date 05/17/99]
5/17/99 78 STIPULATION and ORDER by Judge Robert J. Bryan that Todd Maybrown of Allen, Hansen & Maybrown, P.S., is substituted as counsel of record for Carl Johnson, and that Gene Grantham is hereby relieved of any further representation in this matter (cc: counsel, Judge) (car) [Entry date 05/18/99]
6/8/99 80 SENTENCING MEMORANDUM re Carl Edward Johnson by plaintiff (car) [Entry date 06/09/99]
6/9/99 79 SENTENCING MEMORANDUM re Carl Edward Johnson by defendant (car) [Entry date 06/09/99]
6/10/99 81 LETTER by counsel for defendant explaining attachment of letter from Brother of D' (car) [Entry date 06/10/99]
6/11/99 82 MINUTES of Sentencing:RJB, Dep Clerk:Jean Boring, AUSA: Rob London/Floyd Short, Def Counsel:Todd Maybrown, CR:Julaine Ryen, USPO:Leslie Spier sentencing Carl Edward Johnson (1) counts 2s, 3s, 4s, & 5s: 37 months custody w/credit for time served; 3 yrs supervised release; $400.00 special assessment; no fine dismissing counts as to Carl Edward Johnson (1) counts cmp, 1s, & 1 Court recommends that the D' be placed in a facility that will address his medical conditions. Custody cont'd. D' adv of right to appeal (cc: counsel, Judge, PTS, USMO, USPO) (car) [Entry date 06/11/99]
6/11/99 83 JUDGMENT IN A CRIMINAL CASE by Judge Robert J. Bryan as to Carl Edward Johnson case terminated (cc: counsel, Judge, USMO, USPO, PTS, Jgm. Bk., Fin'l) Entered on: 6/11/99 (car) [Entry date 06/11/99]
6/14/99 -- PROPOSED Statement of Reasons (car) [Entry date 06/14/99]
6/14/99 84 STATEMENT of REASONS for Imposing Sentence by Judge Robert J. Bryan as to defendant (cc: counsel, Judge, USPO) (car) [Entry date 06/14/99]
6/21/99 85 NOTICE OF APPEAL by defendant Carl Edward Johnson from Dist. Court decision [83-2] jgm & sentencing on 6/11/99, #71 verdict on day 6 of jury trial 4/20/99, and #45 minute order on 4/2/99 denying D's mtn to dismiss (cc: CCA, Judge, counsel, CR, USM, USP, PTS) (mw) [Entry date 06/22/99]
6/21/99 -- NO APPEAL FEE RECEIVED: fee due/atty advised (mw) [Entry date 06/22/99]
6/22/99 86 TIME SCHEDULE ORDER ; transcript designation due 7/13/99 RT due: 8/12/99 Open Br Excerpts due: 9/21/99 Rsp Br due: 10/21/99 Opt Rply Br due: 11/4/99 (cc: CCA, Judge, CR, counsel) (mw) [Entry date 06/22/99]
6/22/99 -- APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (mw) [Entry date 06/22/99]
6/23/99 87 TRANSCRIPT of Ct's oral decision for the following date(s): 4/20/99; (Re: [85-1] ) CR initials: Julaine Ryen (mw) [Entry date 06/23/99]
6/23/99 88 CJA Form 20 (Attorney Payment Voucher) by Gene M. Grantham for Carl Edward Johnson Voucher #: 09111503 Amount Paid: $17,966.75 (car) [Entry date 06/24/99]
7/1/99 -- NOTIFICATION by Circuit Court of Appellate Docket Number 99-30196 (mw) [Entry date 07/01/99] [Edit date 09/27/99]
7/8/99 89 LETTER by atty Maybrown for defendant Carl Edward Johnson re: appeal [85-1] advising that he has filed mtn to w/draw as counsel (mw) [Entry date 07/08/99]
7/8/99 90 TRANSCRIPT DESIGNATION and Ordering Form for dates: 4/2/99; 4/13/99; 4/14/99; 4/15/99; 4/16/99; 4/19/99; 4/20/99 (mw) [Entry date 07/08/99]
7/26/99 91 LETTER by Newton E Kendig, M.D. re: Recommendation to a mental health facility (car) [Entry date 07/26/99]
8/25/99 92 LETTER by defendant Carl Edward Johnson re: appeal [85-1] and late filing of Transcript Order Form (mw) [Entry date 08/31/99]
8/25/99 93 TRANSCRIPT DESIGNATION and Ordering Form for dates: 1/15/99 (tape); 3/2/99; 3/8/99; 3/9/99; 4/12/99 (see document for request for copies of documents) (mw) [Entry date 08/31/99]
9/9/99 94 LETTER by defendant Carl Edward Johnson re: appeal [85-1] and mtn of w/drawal as counsel before the Ninth Circuit (mw) [Entry date 09/09/99]
9/14/99 95 LETTER by defendant re: Motion to Withdraw as Counsel on Appeal. (car) [Entry date 09/14/99]
9/14/99 96 LETTER by Judge Bryan in response to D' letter re: mtn to w/d cnsl on appeal. [95-1] (car) [Entry date 09/14/99]
9/14/99 97 LETTER by Judge Bryan directed to Cathy Catterson, Clerk of CCA, re: letter from D' addressing issue of mtn to w/d cnsl on appeal. [95-1] (car) [Entry date 09/14/99]
9/24/99 98 LETTER by defendant Carl Edward Johnson re: appeal [85-1] (mw) [Entry date 09/24/99]
9/24/99 101 MOTION pursuant to 28 U.S.C. 2255 (related to C99-5498RJB) (car) [Entry date 10/05/99]
9/27/99 99 (copy) LETTER by defendant Carl Edward Johnson aka CJ Parker re: withdrawal of counsel at the appeal level. (car) [Entry date 09/27/99]
9/27/99 100 MARSHALS RETURN of SERVICE of Judgment (ec) [Entry date 09/29/99]
10/14/99 102 ORDER (CCA#99-30196): aplt Johnson moved to proceed pro se on appeal; hearing conducted; aplt Johnson w/drew request to represent himself & requested counsel Maybrown be appt to represent him; counsel Maybrown APPOINTED on appeal; BRIEFING SCHEDULE: Trans designation due 10/8/99; trans due 11/8/99; aplt's opening brief & excerpts of record due 1/7/2000; aple's brief due 2/7/2000; opt reply due w/in 14 days (cc: RJB) (mw) [Entry date 10/14/99]
10/19/99 103 LETTER by Judge Bryan directed to all counsel re: 2255 motion [101-1] (car) [Entry date 10/19/99]
10/22/99 104 LETTER by cnsl for D' in response to letter by Chambers re: 2255 motion [103-1] (car) [Entry date 10/22/99]
10/22/99 105 ORDER by Judge Robert J. Bryan DENYING without prejudice the 2255 motion/petition [101-1] (cc: counsel, Judge) (car) [Entry date 10/22/99]
10/25/99 106 LETTER by Gov't in response to letter by Judge Bryan denying D' 2255 motion [103-1] (car) [Entry date 10/25/99]
1/3/00 107 ORDER (CCA#99-30196): CR Ryen's mtn for ext of time to file transcript granted-due 1/18/2000; BRIEFING SCHEDULE: opening brief & excerpts of record due 2/28/2000; ans brief due 3/29/2000; opt reply due w/in 14 days (mw) [Entry date 01/03/00]
1/18/00 108 TRANSCRIPT of oral argument/pretrial conference for the following date(s): 4/2/99; (Re: [85-1] ) CR initials: Rita Ketza (mw) [Entry date 01/18/00]
1/18/00 109 TRANSCRIPT of trial, Vol 1, for the following date(s): 4/13/99; (Re: [85-1] ) CR initials: Julaine Ryen (mw) [Entry date 01/18/00]
1/18/00 110 TRANSCRIPT of jury trial, Vol 2, for the following date(s): 4/14/99; (Re: [85-1] ) CR initials: Julaine Ryen (mw) [Entry date 01/18/00]
1/18/00 111 TRANSCRIPT of jury trial, Vol 3, for the following date(s): 4/15/99; (Re: [85-1] ) CR initials: Julaine Ryen (mw) [Entry date 01/18/00]
1/18/00 112 TRANSCRIPT of jury trial, Vol 4, for the following date(s): 4/16/99; (Re: [85-1] ) CR initials: Julaine Ryen (mw) [Entry date 01/18/00]
1/18/00 113 TRANSCRIPT of trial, Vol 5, for the following date(s): 4/19/99; (Re: [85-1] ) CR initials: Julaine Ryen (mw) [Entry date 01/19/00]
1/18/00 114 TRANSCRIPT of jury trial, Vol 6, for the following date(s): 4/20/99; (Re: [85-1] ) CR initials: Julaine Ryen (mw) [Entry date 01/19/00]
1/19/00 -- CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (mw) [Entry date 01/19/00]
2/8/00 115 CJA FORM 24 (Authorization Voucher for Transcript Payment) for Carl Edward Johnson - for all trial witnesses (4/13 - 20/99); closing arguments for both P' & D' (4/20/99); all proceedings on mtn to dism (4/2 & 20/99); opinion of court (4/2/99). (car) [Entry date 02/10/00]
8/7/00 -- CLERK'S RECORD ON APPEAL transmitted to Circuit #99-30196, 3 vol, 7 trans in 2 expandos (mw) [Entry date 08/07/00]
12/7/00 116 CERTIFIED COPY OF JUDGMENT (CCA #99-30196) from USCA AFFIRMING the decision of the District Court [85-1]; copy of opinion attached (cc: all counsel) (car) [Entry date 12/08/00]
12/15/00 -- RECORD ON APPEAL returned from U.S. Court of Appeals - 3 vols & 2 expandos (car) [Entry date 12/15/00]
12/26/00 117 LETTER by defendant (ec) [Entry date 12/26/00]
12/28/00 118 CERTIFIED COPY OF JUDGMENT from USCA #99-30196) affirming decision of US Distict Court, copy of memorandum attached (cc: all counsel) (mw) [Entry date 12/28/00]
11/2/01 119 PROBATION PETITION/ORDER by Judge Robert J. Bryan as to Carl Edward Johnson approving that no action be taken at this time on a report of violations of conditions of supervision. (cc: counsel, Judge, USPO) (car) [Entry date 11/02/01]




Case Flags:
TERMED
APPEAL
PAULA



END OF DOCKET: 3:98cr5393-0