U.S. v. JOHNSTON, CR. S-10-191 JAM. (2016)
Court: District Court, E.D. California
Number: infdco20160108806
Visitors: 28
Filed: Jan. 07, 2016
Latest Update: Jan. 07, 2016
Summary: DEFENDANT JOHNSTON'S MOTION TO CORRECT PARAGRAPH 40 OF THE FINAL PSR (ECF 170) JOHN A. MENDEZ , District Judge . A mistake in the final PSR crucial to the housing designation of defendant DARRIN JOHNSTON has been found (final PSR ECF 170). At page 11, paragraph 40, the age of the victim in the 1986 case is mistakenly indicated as "Under 14 Years" in two places. USPO Lynda Moore's review of the records she possesses for the conviction in Shasta case 86-8651 shows that the victim was 18 years
Summary: DEFENDANT JOHNSTON'S MOTION TO CORRECT PARAGRAPH 40 OF THE FINAL PSR (ECF 170) JOHN A. MENDEZ , District Judge . A mistake in the final PSR crucial to the housing designation of defendant DARRIN JOHNSTON has been found (final PSR ECF 170). At page 11, paragraph 40, the age of the victim in the 1986 case is mistakenly indicated as "Under 14 Years" in two places. USPO Lynda Moore's review of the records she possesses for the conviction in Shasta case 86-8651 shows that the victim was 18 years ..
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DEFENDANT JOHNSTON'S MOTION TO CORRECT PARAGRAPH 40 OF THE FINAL PSR (ECF 170)
JOHN A. MENDEZ, District Judge.
A mistake in the final PSR crucial to the housing designation of defendant DARRIN JOHNSTON has been found (final PSR ECF 170). At page 11, paragraph 40, the age of the victim in the 1986 case is mistakenly indicated as "Under 14 Years" in two places. USPO Lynda Moore's review of the records she possesses for the conviction in Shasta case 86-8651 shows that the victim was 18 years old. Mr. Johnston was 21 years old at the time of the criminal conduct. The distinction of "under 14" versus "18" years old is affecting the designated housing level of Mr. Johnston at FCI-Lompoc (self-surrender date of 1/15/16).
It is hereby stipulated between the parties, Todd Pickles, Assistant United States Attorney, Michael D. Long, attorney for defendant Darrin Johnston, that the Court order USPO Lynda Moore to change the language of paragraph 40 of the PSR to strike the first paragraph in its entirety and add that the correct age of the victim was 18 years old.
Dated: January 6, 2016 BENJAMIN WAGNER
United States Attorney
/s/ Todd Pickles____
TODD PICKLES
Assistant U.S. Attorney
ORDER
UPON GOOD CAUSE SHOWN, and the stipulation of the parties, it is ordered that USPO Lynda Moore change the language of paragraph 40 of the pre-sentence report to strike the first paragraph in its entirety and add that the correct age of the victim was 18 years old. The corrected pre-sentence report then will be filed by USPO Moore.
Source: Leagle
