Background
Adam Johnson was stopped by police in 2018 with heroin and subsequently became a confidential source for the DEA. After receiving a target letter in 2019, he entered into plea and cooperation agreements with the government, waiving rights under Federal Rules of Evidence and Criminal Procedure regarding the admissibility of his statements in the event of a breach. Johnson testified before a grand jury and admitted to distributing fentanyl. He later decided to proceed to trial rather than plead guilty, which the government viewed as a breach of the agreements. The district court denied motions to exclude his statements and testimony, convicted him of conspiracy to distribute fentanyl, and sentenced him with an enhancement for being an organizer or leader while denying credit for acceptance of responsibility.
The court’s reasoning
The appellate court found that Johnson’s arguments regarding the validity of the agreements were either unpreserved or lacked merit. The record showed Johnson had sufficient time to review the agreements with substitute counsel and understood the consequences of breaching them. The district court correctly determined that Johnson knowingly entered the agreements and breached them by proceeding to trial. The sentencing enhancements and denial of acceptance of responsibility credit were supported by the evidence and applicable guidelines.
What it means going forward
The decision reinforces that defendants who breach plea and cooperation agreements by proceeding to trial may have their prior statements and testimony admitted against them, and that sentencing enhancements for leadership roles are upheld when supported by the presentence investigation report.
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