USA v. JOHNSON

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Criminal Action No. 20-cr-105-TSC-ZMF
UNITED STATES OF AMERICA,
v.
KEVIN JOHNSON,
Defendant.
ORDER
In 2020, Defendant Kevin Johnson pleaded guilty to Unlawful Possession of a Firearm and
Ammunition by a Person Convicted of a Crime Punishable by Imprisonment for a Term Exceeding
One Year, in violation of 18 U.S.C. § 922(g)(1). Presentence Investigation Report at 4, ECF No.
30. He was sentenced to 27 months of incarceration, followed by a 24-month period of supervised
release. Judgment at 3–4, ECF No. 31. His supervision began on September 9, 2022. Prob. Pet.
at 1, ECF No. 45. On or about July 7, 2024, two months before his supervision was set to expire,
Johnson was charged with unlawful discharge and possession of a firearm in D.C. Superior Court,
for which he was sentenced to 18 months of imprisonment and 36 months of supervised release,
to run consecutively to any other sentence. 	Prob. Sent’g Rec. at 2–3, ECF No. 48. 	This was
Johnson’s third arrest while under federal supervision. Id.
The court referred the matter to Magistrate Judge Zia Faruqui for a Report and
Recommendation. See Aug. 8, 2024 Min. Order. At a status hearing on April 28, 2025, Johnson
admitted the violations, and at a final revocation hearing on June 30, 2025, the parties agreed that
Johnson’s conduct constituted a Grade B violation, which carries a guideline range of 18 to 24
months of imprisonment. R. & R. at 2, ECF No. 55; see Prob. Pet. at 2; U.S.S.G. § 7B1.1(a)(2);
id. § 7B1.4(a). Magistrate Judge Faruqui issued a Report and Recommendation on September 4,
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2025, recommending that Johnson receive a sentence of six months of imprisonment, served
consecutively to the sentence in the underlying Superior Court case, with no additional term of
supervision to follow. 	Id. at 5–6. 	Neither party objected to Magistrate Judge Faruqui’s Report
and Recommendation within 14 days. See Fed. R. Civ. P. 72(b).
After careful consideration of the record, and in the absence of any objection, the court
hereby ADOPTS the report and ACCEPTS the recommendations of Magistrate Judge Faruqui.
As admitted, Johnson violated the conditions of his release by committing a state or local crime.
See Prob. Pet. at 2. As to Johnson’s history and characteristics, the need for deterrence, and the
need for vocational training, see 18 U.S.C. § 3553(a)(1), (a)(2)(B), (a)(2)(D), his compliance
with his mental health treatment, vocational certification, and relatively stable housing are
encouraging and counsel against further incarceration, see Def.’s Memo at 6. But the need to
protect the public and the non-binding guideline range of 18 to 24 months cut the other way. See
18 U.S.C. § 3553(a)(2)(C), (a)(4); U.S.S.G. § 7B1.4(a); United States v. Hooker, 993 F.2d 898,
900 (D.C. Cir. 1993) (explaining that “the Chapter VII policy statements . . . are merely
advisory”). In particular, the fact that the current violation—unlawfully possessing a firearm—
involved the same conduct for which Johnson was on supervised release and his history of
violent conduct while on supervision support additional incarceration. See Prob. Sent’g Rec. at
2–3. Accordingly, the court determines that a term of six months’ imprisonment, with no
additional period of supervised release, is sufficient but not greater than necessary to comply
with 18 U.S.C. § 3553(a).
Johnson’s term of supervised release is hereby REVOKED, and he is SENTENCED to a
term of six months of imprisonment, with no additional period of supervised release.
SO ORDERED.
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Date: November 20, 2025
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
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