Case: 5:24-cr-00017-KKC-MAS Doc #: 55 Filed: 05/22/24 Page: 1 of 8 - Page ID#: 251

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
LEXINGTON

CRIMINAL ACTION NO. 5: 24-CR-0017-KKC

UNITED STATES OF AMERICA PLAINTIFF

V. PLEA AGREEMENT

WILLIAM D. JOHNSON DEFENDANT

aka BUBBA JOHNSON

* * * * *

1. Pursuant to Federal Rule of Criminal Procedure l l(c), the Defendant will enter

a guilty plea to the sole count of the Indictment charging a violation of 21 U .S.C. § 846,

Conspiracy to Possess with Intent to Distribute 40 grams or more of a mixture or substance

containing fentanyl, a Schedule II controlled substance.

2. The essential elements of Count 1 arc:

(a) that the Defendant did eng_age in a conspiracy or agreement to possess

with intent to distribute a mixture or substance containing fentanyl, a
Schedule II controlled substance;

(b) that the Defendant knew the purpose of the agreement and voluntarily
joined the conspiracy, and

(c) that the amount foreseeable to the Defendant is 40 grams or more of a

mixture or substance containing fentanyl.
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3. As to sole count and relevant conduct, the United States could prove the

following facts that establish the essential elements of the offense beyond a reasonable

doubt, and the Defendant admits these facts

a) During the course of a drug investigation on Rollie Lamar in 2023, Lexington

Police Department (LPD) detectives observed Lamar travel to an address on Honey
Jay Court in Lexington, Fayette County, Kentucky in the Eastern District of
Kentucky (EDKY). Thereafter, that residence was suspected of engaging in drug
trafficking by selling controlled substances from the residence. Through the use of
electronic and physical surveillance, law enforcement identified several suspects
including the Defendant, Deshawn Howard (Howard), and others who maintained
that residence as a location where controlled substances were distributed on a
routine basis. Such activity was observed and documented for several months up to
and including the date of the execution of a state search warrant on August 30, 2023.

b) During this period of surveillance, investigators routinely observed patterns of

activity consistent with a "traphouse" location. A "traphouse" is a location where
controlled substances are sold/distributed to individuals who arrive on foot or arrive
in vehicles. These individuals would enter the residence, purchase the controlled
substances and only stay for short periods before leaving. "Traphouses" usually
have a variety of controlled substances available for purchase. These characteristics
are not exclusive, but are indicative of the sale of controlled substances.

c) On multiple instances between the start of the investigation and continuing

through the execution of the search warrant on August 30, 2023, LPD made vehicle
stops or attempted vehicle stops on vehicles or subjects that engaged in suspected
purchases of controlled substances from the Honey Jay Court residence. Those stops
recovered user amounts of marijuana, firearms and drug proceeds. Additionally,
investigators observed individuals arrive at that residence, carry duffel bag styled
items into the residence, and carry out duffel bag styled items and boxes outside the
residence. Investigators also observed individuals exchange currency on the outside
of the residence. The Defendant, Howard, and others were observed engaging in
behavior consistent with the distribution of controlled substances on numerous
occasions using the Honey Jay Court residence address.

d) The Defendant, Howard, and others maintained a consistent presence at the

Honey Jay Court residence. They also were observed coming and going from the
residence on multiple occasions throughout a given the day. On one occasion
Howard engaged in counter surveillance when he approached an undercover LPD
vehicle and knocked on the window. Howard's behavior is indicative of counter

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surveillance, a common tactic utilized by drug traffickers in an attempt to identify

undercover police vehicles and determine whether they are being followed or
investigated by law enforcement investigators.

e) On August 30, 2023 , DEA agentS' assisted members ofLPD in the execution of
a search warrant at the Honey Jay Court residence. Prior to the execution of the
search warrant agents and officers observed, via electronic surveillance, Howard
and the Defendant arrive in their vehicles and enter the residence. Just prior to the
execution of the search warrant, Howard exited the residence and walked towards
his vehicle. Two undercover LPD detectives were outside the residence attempting
to turn off the water prior to the execution of the search warrant. Howard saw both
detectives and walked in the opposite direction. While investigators were
approaching the residence, the Defendant was observed exiting the residence with
his hands up and following instructions from officers. However, the Defendant
turned away from officers and fled toward the back yard of the Honey Jay Court
residence, jumped over a fence, and was not apprehended.

f) During the search of the residence, members of LPD located and seized as
evidence approximately 96 gross grams of suspected fentanyl, (7 individual bags)
approximately 13 pounds of suspected marijuana (portions in plain view), and two
firearms. The suspected controlled substances seized from the search warrant were
sent to the Kentucky State Police (KSP) Lab for analysis. The KSP Lab confirmed
the presence of approximately 63 .41 grams of fentanyl, approximately 19 .2 grams
of cocaine, and representative quantities of at least 10 kilograms of marijuana.
Those amounts, individually and collectively, are consistent with distribution as
opposed to mere personal use. Fentanyl and cocaine are Schedule II controlled
substances and marijuana, is a Schedule I controlled substance.

g) According to a vehicle tracker attached to the Defendant's vehicle, the vehicle

was reported to be parked in the vicinity of the target residence approximately 69
times from August 10, 2023 to August 30, 2023. Of the approximately 69 times the
vehicle was parked in the vicinity of the target residence, several of those times were
for several hours.

h) According to a vehicle tracker attached to Howard's vehicle, that vehicle was

reported to be parked in the vicinity of the target residence approximately 100 times
from July 7, 2023 , to August 30, 2023. Of the approximately 100 times the vehicle
was parked in the vicinity of the target residence, several of those times were for
several hours.

i) A post search warrant investigation on the Defendant and Howards phone

cameras, a DVR, and an external camera from outside the residence revealed

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numerous pictures of the Defendant and Howard with stacks of U.S. currency
representing drug proceeds. Additionally, some of these pictures showed numerous
stacks of marijuana in approximate pound units. Some of the recovered videos
showed individuals coming to the Honey Jay Court residence, staying a short
amount of time, and leaving with controlled substances, which is consistent with
drug trafficking. Subsequent to the execution of the search warrant, LPD was able
to determine that neither the Defendant nor Howard lived at or claimed the residence
of Honey Jay Court as their residence.

j) The Defendant admits that the United States could prove that he engaged in an
agreement with others to distribute controlled substances from the residence on
Honey Jay Court and that the conspiracy for which he was a part is responsible for
more than 40 grams, but less than 160 grams of fentanyl, a Schedule II controlled
substance and more than 10 kilograms, but less than 20 kilogram of marijuana, a
Schedule I controlled substance.

4. The maximum statutory punishment for the sole count is a term of imprisonment

of not less than 5 years nor more 40 years Imprisonment, not more than a $5,000,000 fine,

and at least 4 years supervised release. A mandatory special assessment of $100 per count

applies, and the Defendant will pay this $100 assessment to the U.S. District Court Clerk

at the time of the sentencing hearing.

5. Pursuant to Rule 1l(c)(l)(B), the United States and the Defendant recommend

the following sentencing guidelines calculations, and they may object to or argue in favor

of other calculations. This recommendation does not bind the Court.

(a) United States Sentencing Guidelines (U.S.S.G.), November 2023

Manual, will determine the Defendant's guidelines range.

(b) Pursuant to U.S.S.G. § lBI.3, the Defendant's relevant conduct includes

the conduct listed in paragraph 3 above as well as previously provided discovery.

(c) The Defendant's base offense level is determined by U.S.S .G. §

2D 1.1 (c)(8). The parties agree that the amount of a mixture or substance containing
of fentanyl foreseeable to the Defendant is more than 40 grams, but less than 160
grams. The amount of marijuana fo~eseeable to this Defendant is more than ten

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kilograms, but less than 20 kilograms. The amount of cocaine foreseeable to the
Defendant is 19 .2 grams. Pursuant to § 2D 1.1 (c)(8), the base offense level for the.
fentanyl is 24. The addition of the marijuana and the cocaine does not further
increase the offense level.

(d) Pursuant to U.S.S.G. § 2D1.l(b)(l), the Defendant understands that the

offense level may be increased by 2 levels because the offense involved the
possession of a dangerous weapon. The Defendant reserves the right to object to
that designation if it is applied. •

(e) Pursuant to U.S.S.G. § 2Dl.l(b)(l2), the Defendant understands that the

offense level may be increased by 2 levels if the Defendant maintained a premises
for the purpose of ,manufacturing or distributing a controlled substance. The
Defendant reserves the right to object to that designation if it is applied.

(f) Pursuant to U.S.S.G. § 3El.l and unless the Defendant commits another
crime, obstructs justice, or violates a court order, decrease the offense level by
2 levels for the Defendant's acceptance of responsibility. If the offense level
determined prior to this 2-level decrease is level 16 or greater, the United States will
move at sentencing to decrease the offense level by 1 additional level based on the
Defendant=s timely notice of intent to plead guilty.

6. No agreement exists about the Defendant's criminal history category pursuant

to U.S.S.G. Chapter 4.

7. The Defendant waives the right to appeal the guilty plea and conviction. The

Defendant reserves the right to appeal the final sentence. Except for claims of ineffective

assistance of counsel, the Defendant also waives the right to attack collaterally the guilty

plea, conviction, and sentence.

8. The Defendant abandons any interest in, and consents to the official use,

destruction, or other disposition of, any item obtained by any law enforcement agency

during the course of the investigation. The Defendant also waives any notice of a

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proceeding to implement the official use, destruction, or other disposition of any item

abandoned under this paragraph.

9. The Defendant agrees to cooperate fully with the United States Attorney's Office

by making a full and complete financial disclosure. Within 30 days of pleading guilty, the

Defendant agrees to complete and sign a financial disclosure statement or affidavit

disclosing all assets in which the Defendant has any interest or over which the Defendant

exercises control, directly or indirectly, including those held by a spouse, nominee, or other

third party, and disclosing any transfer of assets that has taken place within three years

preceding the entry of this plea agreement. The Defendant will submit to an examination,

which may be taken under oath and may include a polygraph examination. The Defendant

will not encumber, transfer, or dispose of any monies, property, or assets under the

Defendant's custody or control without written approval from the United States Attorney's

Office. If the Defendant is ever incarcerated in connection with this case, the Defendant

will participate in the Bureau of Prisons Inmate Financial Responsibility Program,

regardless of whether the Court specifically directs participation or imposes a schedule of

payments. If the Defendant fails to comply, with any of the provisions of this paragraph,

the United States, in its discretion, may refrain from moving the Court pursuant to U.S.S .G.

§ 3E l.l(b) to reduce the offense level by one additional level, and may argue that the

Defendant should not receive a two-level reduction for acceptance of responsibility under

U.S.S.G. § 3El. l(a).

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10. The Defendant understands and agrees that pursuant to 18 U.S.C. § 3613,

whatever monetary penalties are imposed by the Court will be due and payable

immediately and subject to immediate enforcement by the United States. If the Court

imposes a schedule of payments, the Defendant agrees that it is merely a minimum

schedule of payments and not the only method, nor a limitation on the methods, available

to the United States to enforce the judgment. The Defendant waives any requirement for

demand of payment on any fine, restitution, or assessment imposed by the Court and agrees

that any unpaid obligations will be submitted to the United States Treasury for offset. The

Defendant authorizes the United States to obtain the Defendant's credit reports at any time.

The Defendant authorizes the U.S. District Court to release funds posted as security for the

Defendant's appearance bond in this case, if any, to be applied to satisfy the Defendant's

financial obligations contained in the judgment of the Court.

11. If the Defendant violates any part of this Agreement, the United States may

void this Agreement and seek an indictment for any violations of federal laws, and the

Defendant waives any right to challenge the initiation of additional federal charges.

12. This document contains the complete and only Plea Agreement between the

United States Attorney for the Eastern District of Kentucky and the Defendant. The United

States has not made any other promises to the Defendant.

13. This Agreement does not bind the United States Attorney's Offices in other

districts, or any other federal, state, or local prosecuting authorities.

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14. The Defendant and the Defendants attorney acknowledge that the Defendant

understands this Agreement, that the Defendant's attorney has fully explained this

Agreement to the Defendant, and that the Defendant=s entry into this Agreement is

voluntary.

NS. SHIER, IV
O~Y

Date: By:
7 /v, cf)y) 1}-v5f-
Roge . West
Assistant United States Attorney

Date: --5
I
/21 /zy I
aka Bubba Johnson
Defendant

Date: .S/1__ 7.... / Z L/.

Hon
Atto r efendant