United States v. Johnson

UNITED STATES OF AMERICA v. SHAMIR JOHNSON

CRIMINAL ACTION NO. 20-272-2

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

October 28, 2020

MEMORANDUM with Findings of Facts and Conclusions of Law

KEARNEY, J.

Our grand jury charged Philadelphian Shamir Johnson with bringing narcotics into the Federal Detention Center while visiting his incarcerated brother on January 31, 2020 just weeks after he completed a term of probation on a Pennsylvania conviction. The Federal Detention Center captured his conduct on tape. When federal agents started looking for him, Mr. Johnson immediately took to social media and, among other things, threatened shooting federal officers. He has a history of fleeing the police including recklessly driving at over 100 miles an hour in residential areas. Upon arrest in September 2020, Judge Wells ordered him detained pending trial. If convicted, Mr. Johnson may face a sentence with a recommended guideline range of six to twelve months. Mr. Johnson now moves for release from pretrial detention arguing confusion in his earlier reporting of a verifiable address in the Philadelphia area may have led to Judge Wells's detention order and there are several conditions of confinement which can ensure his appearance at trial and avoid risk to the community. Following lengthy cogent arguments from Mr. Johnson's counsel and from the United States and considering the nature of Mr. Johnson's offenses and his threats of violence when he feared being arrested, as well as his desire weeks ago to leave our jurisdiction when he knew of this investigation, we deny his motion for release.

I. Findings of fact

1. Our grand jury charged Shamir Johnson with providing contraband in prison, 18 U.S.C. § 1791(a)(1)(2), and possessing with intent to distribute Suboxone, 21 U.S.C. § 841(a)(1) and (b)(1)(E) of the Controlled Substances Act.

2. The United States moved for pretrial detention arguing Mr. Johnson poses a flight risk and danger to himself and the community.

3. The United States argued the strength of its case against Mr. Johnson, his criminal history, conduct in the current case, and social media posts mandated pretrial detention.

4. On September 16, 2020, Judge Wells granted the United States' motion after a pretrial detention hearing. Judge Wells found Mr. Johnson posed a flight risk because of his frequent travel and lack of verifiable address. Mr. Johnson's attitude towards dealing drugs and violence towards federal officers reflected in his social media posts also led her to find he would continue trafficking if released, and held his criminal record poses a danger to the community.

5. Mr. Johnson now moves to revoke Judge Wells's pretrial detention order and for release on conditions of bail.

6. Mr. Johnson proposes a $50,000 personal recognizance bail, with the condition he resides with his sister, and a family friend and her daughter in Philadelphia; report to pretrial services; submit to random drug testing; submit to electronic monitoring, with permission and approval by pretrial services to leave his residence for employment, meetings with counsel, and medical appointments; refrain from obtaining a passport and firearms; and restrict travel to the Eastern District of Pennsylvania. He also agrees to not visit or communicate with his brother, the co-defendant in this case.Background before Mr. Johnson's charged January 31, 2020 conduct.

7. Shamir Johnson is a twenty-three-year old with substantial ties to the Philadelphia community where most of his family resides.

8. Mr. Johnson lived with his sister, a family friend and her twelve-year old daughter in Philadelphia. He also frequently spent time at his girlfriend's home, which is also in Philadelphia.

9. He worked at his mother's restaurant as a dishwasher and assistant cook, and as an independent tow truck driver.

10. If released from pretrial detention, Mr. Johnson intends to work at his mother's restaurant as an assistant cook and live with his sister, family friend, and her daughter in Philadelphia. His mother, a Delaware resident, will pick him up and drive him back and forth from work in her restaurant.

11. Mr. Johnson has earlier contacts with the police, including ten arrests, two juvenile adjudications, and one adult conviction for fleeing and eluding police.

12. His adult conviction arises from a November 11, 2017 flight from the police when he ran a stop sign and fled through a residential area and active construction zone, driving over one hundred miles per hour after police attempted to pull him over.

13. After being arrested and charged in state court with fleeing from police, a judge released him on pretrial supervision.

14. On pretrial release, Mr. Johnson failed to timely appear for trial on three separate occasions. A judge issued a bench warrant and at trial found him guilty of fleeing from police and sentenced him to one year of probation.

15. His one year of probation expired weeks before he visited his brother Shaquan Johnson on January 31, 2020 at the Federal Detention Center in Philadelphia.Mr. Johnson's charged January 31, 2020 conduct.

16. Our grand jury indictment charging Mr. Johnson with distribution of a controlled substance and providing contraband in prison is based on allegations:

a. On January 31, 2020, Shamir Johnson used a baby to smuggle forty-nine strips of Suboxone and a cell phone into the Federal Detention Center while visiting his brother, Shaquan Johnson;

b. Mr. Johnson put the contraband in the baby's coat, and then handed the baby to Shaquan Johnson who then removed the contraband from the baby's pocket;

c. Before the visit, Mr. Johnson signed Federal Bureau of Prisons form A0224, alerting him to all prohibited activities and objects on Bureau grounds, including "Narcotics" and "Telephone";

d. Video cameras in the Federal Detention Center visiting area recorded the January 31, 2020 incident;

e. Staff members at the Federal Detention Center searched Shaquan Johnson immediately after the visit, finding the forty-nine Suboxone strips and cell phone; and

f. Mr. Johnson admitted to smuggling the contraband and later confessed again to an FBI agent.

17. On September 1, 2020, special agents of the Federal Bureau of Investigation attempted to arrest Mr. Johnson at his mother's home in Delaware.

18. The special agents did not find Mr. Johnson at the home, and spoke with his girlfriend, sister, and mother who stated they would contact him and urge him to surrender. They told the special agents Mr. Johnson did not have a permanent residence nor did he reside at the address listed on his license.

19. The next day, September 2, 2020, Mr. Johnson posted on his social media, "Tell the feds to suck a d--k not getting caught, gingerbread bruh on the road smoking hella dope bruh," and the following day, "The feds tryna f--k up my trap from Percolating but mean while I'm outta town recuperating."

20. On September 4, 2020, Mr. Johnson posted, "My favorite gun this glock but ima switch it out next month," and, "Ima keep shooting [u]ntil I heard sirens."

21. Mr. Johnson has also referred to selling drugs and watching after people in the "feds" in his social media posts.

22. The special agents alerted law enforcement Mr. Johnson's social media posts suggested he possessed a firearm and is armed and dangerous and will "shoot until he hears sirens."

23. From September 2 to September 10, 2020, Mr. Johnson traveled between Western Pennsylvania and Philadelphia, and traveled to Florida and Delaware in the weeks before his arrest.

24. On September 10, 2020, special agents arrested Mr. Johnson as he checked out of a hotel near the Philadelphia International Airport with his girlfriend and child. Mr. Johnson's girlfriend told the special agents they intended to leave for South Carolina.¹

II. Conclusions of Law

25. As charged by the grand jury, there is probable cause to believe Mr. Johnson provided contraband in prison and possessed with intent to distribute Suboxone.

26. Possession with intent to distribute Suboxone carries a maximum sentence of ten years imprisonment.

27. We apply the rebuttable presumption no condition or combination of conditions will reasonably assure Mr. Johnson's appearance at trial or safety of the community.

28. Mr. Johnson failed to rebut the presumption no condition of release, or combination of conditions, will reasonably assure his appearance as required or safety of the community.

29. The nature and circumstances of the charged offenses prove Mr. Johnson poses a flight risk by a preponderance of the evidence, and a danger to the community by clear and convincing evidence.

30. The weight of the evidence against Mr. Johnson is strong and shows he used a baby to smuggle forty-nine strips of Suboxone and a cell phone into the Federal Detention Center.

31. Mr. Johnson's history and characteristics confirms he poses a flight risk by a preponderance of the evidence, and he poses a danger to the community by clear and convincing evidence.

32. The nature and seriousness of the danger to the community posed by Mr. Johnson confirms he poses a flight risk by a preponderance of the evidence, and he poses a danger to the community by clear and convincing evidence.

33. The United States proved by a preponderance of the evidence no condition or combination of conditions will reasonably assure Mr. Johnson's appearance at trial.

34. The United States proved by clear and convincing evidence no condition or combination of conditions will reasonably assure the safety of the community if Mr. Johnson is released.

III. Analysis

Congress, through the Bail Reform Act, addresses "the deep public concern . . . about the growing problem of crimes committed by persons on release" and recognizes "there is a small but identifiable group of particularly dangerous defendants as to whom neither the imposition of stringent release conditions nor the prospect of revocation of release can reasonably assure thesafety of...