The United States Attorney's Office announced that during a federal court session in Billings, on May 26, 2010, before Chief U.S. District Judge Richard F. Cebull, ANDREW JAMES JOHNSON, a 23-year-old resident of Minnesota, appeared for sentencing. JOHNSON was sentenced to a term of:

• Prison: 24 months

• Special Assessment: $100

• Supervised Release: 2 years

JOHNSON was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.

In an Offer of Proof filed by Special Assistant U.S. Attorney Ed Zink, the government stated it would have proved at trial the following:

In 2006, JOHNSON was convicted of burglary in Minnesota and was released from prison on April 22, 2009. As a result of this conviction, he was prohibited from possessing firearms.

On April 30, 2009, JOHNSON tried to pawn a stolen shotgun at a pawn shop in Billings. Pawn shop employees learned the gun was reported stolen and contacted law enforcement. The shotgun was identified as a Dakin Antonio Zoli 12 gauge shotgun. JOHNSON completed the pawn sheet and claimed ownership of the firearm since 2004. However, the shotgun was reported stolen in early 2009.

When questioned by law enforcement, JOHNSON stated he and some friends from Minnesota were on a trip to see a sick friend in North Dakota. When that friend's surgery was postponed, they drifted into Billings, then to Yellowstone Park, then back to Billings. JOHNSON said their gas money ran low so he tried to pawn the shotgun to get the money to return home.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that JOHNSON will likely serve all of the time imposed by the court. In the federal system, JOHNSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

 

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