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United States v. Johnson

United States District Court, S.D. Georgia, Savannah Division

June 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
EDGAR DANIEL JOHNSON, Defendant.

          Tara M. Lyons Assistant United States Attorney

          Daniel Edgar Johnson Defendant

          Courtney Reynolds Lerch Attorney for Defendant

          CONSENT RESTITUTION ORDER

          HON. WILLIAM T. MOORE JR. UNITED STATES DISTRICT COURT

         The parties, the United States of America, and the Defendant Edgar Daniel Johnson, agree and stipulate as follows:

         1. On June 7, 2017, a federal grand jury sitting in the Southern District of Georgia returned a single count Indictment against Defendant Edgar Daniel Johnson (hereinafter the "Defendant"), charging a violation of 18 U.S.C. § 844(e) (Count One - Maliciously Conveying False Information About Explosive Materials).

         2. On August 6, 2017, the United States Attorney for the Southern District of Georgia charged the Defendant with a six count Information, charging violations of 18 U.S.C. § 242 (Counts One, Three, and Five - Deprivation of Rights Under Color of Law) and 18 U.S.C. § 1512(b)(3) (Counts Two, Four, and Six - Tampering with a Witness, Victim, or Informant).

         3. On June 11, 2018, pursuant to a written plea agreement, the Defendant pled guilty to Count One of the Indictment and Counts One through Six of the Information, wherein he was charged with Maliciously Conveying False Information About Explosive Materials in violation of 18 U.S.C § 844(e), Deprivation of Rights Under Color of Law in violation of 18 U.S.C § 242, and Tampering with a Witness, Victim, or Informant in violation of 18 U.S.C. § 1512(b)(3).

         4. The plea agreement contains an acknowledgment that restitution ordered by the Court shall include restitution for the full loss caused by the Defendant's total criminal conduct, which in this case is expected to exceed $74, 000.00.

         5. On June 12, 2018, pursuant to 18 U.S.C. § 3664(d)(5) of the Mandatory Victims Restitution Act (MVRA), the Court deferred its determination of the restitution amount in its Judgment in a Criminal Case.

         6. In accordance with 18 U.S.C. § 3664(f) Mandatory Victims Restitution Act (MVRA), each victim is entitled to the full amount of each victim's losses as determined by the court and without consideration of the economic circumstances of the Defendant. For this reason, SA. is entitled to restitution in the amount of $11, 500.00, MA. is entitled to restitution in the amount of $4, 244.00, and the U.S. Coast Guard is entitled to restitution in the amount of $58, 837.00. Id.

         7. Pursuant to 18 U.S.C A. §§3556, 3663(a), and 3664(0, the Court hereby imposes restitution in the amount of $74, 581.00, which is the full amount of the victims' losses.

         8. For violating 18 U.S.C § 242 and 18 U.S.C § 1512(b)(3), the Defendant shall pay restitution in the amount of $11, 500.00 to SA.

         9. For violating 18 U.S.C § 242 and 18 U.S.C § 1512(b)(3), the Defendant shall pay restitution ...


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