Description: Louisville, Kentucky criminal defense lawyer represented the Defendant charged with assault, resisting, impeding and bandishing a firearm in relation to a crime of violence.

18 U.S.C. 111 provides:

(a) In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b) Enhanced Penalty.—
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
(c) Extraterritorial Jurisdiction.—
There is extraterritorial jurisdiction over the conduct prohibited by this section.

18 U.S.C. 924(c)(1)(A), which provides:

(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

Outcome: 11/18/2022 111 JUDGMENT and COMMITMENT ORDER by Judge Beaton on 11/18/2022 as to John F. Johnson (1): Count(s) 1, 2 months imprisonment (consec); 2 years S/R; $100 SPA; Count(s) 2, 84 months imprisonment (consec); 2 years S/R; $100 SPA. cc: counsel, Finance, USA-Forfeiture (JM) (Entered: 11/18/2022)
11/18/2022 112 Statement of Reason(Sealed) re: 111 Judgment and Commitment. cc:USA/Applicable Counsel (JM) (Entered: 11/18/2022)
11/22/2022 113 NOTICE OF APPEAL by John F. Johnson re 108 , 111 Order Filing fee $ 505, receipt number AKYWDC-3701995. (Walker, Murdoch) (Entered: 11/22/2022)
11/29/2022 114 USCA Case Number as to John F. Johnson 22-6036 for 113 Notice of Appeal filed by John F. Johnson. (Case Manager: Ryan E. Orme) (JM) (Entered: 11/29/2022)
11/29/2022 115 Final MOTION for Forfeiture of Property by USA as to John F. Johnson. (Attachments: # 1 Proposed Order) (Sullivan, Amy) (Entered: 11/29/2022)
12/01/2022 116 ORDER OF FORFEITURE: The Court grants the United States' unopposed motion for final decree and order of forfeiture (DN 115 ) regarding Johnson. cc: Counsel (JM) (Entered: 12/01/2022)
01/25/2023 117 Unopposed MOTION for Return of Property by John F. Johnson. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Affidavit of Roosevelt Mitchell) (Walker, Murdoch) (Entered: 01/25/2023)
01/27/2023 118 ORDER: The Court grants Johnson's unopposed motion to transfer ownership and possession of his firearms (DN 117 ). cc: Counsel (JM) (Entered: 01/27/2023)
05/01/2023 119 EXHIBIT INVENTORY by Becky Boyd Court Reporter (Jury trial held 5/23/22 - 5/31/2022) (JM) (Entered: 05/08/2023)
07/11/2023 120 ORDER of USCA (certified copy) as to John F. Johnson re 113 Notice of Appeal (DJT) (Entered: 07/11/2023)
11/02/2023 121 ORDER of USCA as to John F. Johnson re 113 Notice of Appeal. District Court decision is AFFIRMED. (Mandate to issue) (JM) (Entered: 11/03/2023)
11/02/2023 122 JUDGMENT of USCA as to John F. Johnson re 113 Notice of Appeal (JM) (Entered: 11/03/2023)
11/27/2023 123 MANDATE of USCA as to John F. Johnson (JM) (Entered: 11/27/2023)

Plaintiff's Experts:

Defendant's Experts:

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