IN THE UNITED STATES DISTRICT COURT FOR 

THE EASTERN DISTRICT OF PENNSYLVANIA 

UNITED STATES OF AMERICA : 

 : Nos.: 04-192-03 

vs. : 04-507-04 

: 

SHANNON JOHNSON, : 

 Defendant :

SENTENCING MEMORANDUM

OF DEFENDANT, SHANNON JOHNSON

AND NOW, comes the Defendant, Shannon Johnson, by and through his 

counsel, Worth, Magee & Fisher, P.C., and submits the following Sentencing 

Memorandum: 

I. INTRODUCTION

On July 13, 2004, a superceding indictment was filed at No. 04-192 charging 

Defendant, Shannon Johnson (“Johnson”), with conspiracy to commit armed bank 

robbery in violation of 18 U.S.C. §371; bank robbery in violation of 18 U.S.C. §2113(a); 

two counts of armed bank robbery and aiding and abetting in violation of 18 U.S.C.

§2113(d) and (2); two counts of using and possessing a firearm during a crime of 

violence in violation of 18 U.S.C. §924(c); and felon in possession of a firearm in 

violation of 18 U.S.C. §922(g)(1). On August 26, 2004, Johnson was indicted at No. 04-

507 and charged with conspiracy to interfere with interstate commerce by robbery in 

violation of 18 U.S.C. §1951. The cases were consolidated for disposition. On January 

24, 2005, pursuant to written guilty plea agreements, Johnson entered guilty pleas to 

each and every count charged in both indictments. 

1

Case 2:04-cr-00507-RBS Document 41 Filed 04/19/05 Page 1 of 7
In case No. 04-192, Johnson agreed to plead guilty, pay a special assessment of 

$700.00, to make restitution of $30,035.00, to cooperate fully and truthfully with the 

Government, and that if the Government determined that he had fulfilled his obligation 

of cooperation, then at the time of sentencing, the Government would file motions to 

allow the Court to depart from the Sentencing Guidelines pursuant to Section 5K1.1, 

and to depart from any mandatory minimum sentence on Count VI, only, pursuant to

section 18 U.S.C. §3553(e). In criminal No. 04-507, Johnson agreed to plead guilty, 

pay a special assessment of $100.00 and to make restitution of amount of $88,367.49. 

The guilty plea agreements also contained various stipulations which pertained to each 

indictment filed. 

A Pre-Sentence Investigation report was prepared which found a total offense 

level of 30, a criminal history of category of III, and a guideline range of imprisonment

of 121 to 151 months. In addition, there is a mandatory consecutive 10 years for Count 

IV at 04-192, and an additional consecutive 25 years for Count VI. Therefore, the 

guideline sentencing range becomes 541 to 571 months and as a result of the plea 

agreements, there is a mandatory minimum sentence of 10 years. 

II. STANDARD

As a result of the United States Supreme Court decisions in the consolidated 

cases of United States v. Booker and United States v. Fanfan, 125 S.Ct. 738 (2005), 

district courts are now charged with imposing a sentence that is “sufficient but not 

greater than necessary” to achieve the purposes of sentencing set forth in 18 U.S.C.

2

Case 2:04-cr-00507-RBS Document 41 Filed 04/19/05 Page 2 of 7
§3553(a), after considering: (1) the nature and circumstances of the offense and the

history and characteristics of the defendant; (2) the need for the sentence imposed and 

kinds of sentences available; (3) the guidelines and policy statements issued by the 

sentencing commission, including the non-mandatory guideline range; (4) the need to 

avoid unwarranted sentencing disparity among defendants with similar records that 

have been found guilty of similar conduct; and (5) the need to provide restitution. 

Turning to the first factor, in indictment No. 04-192, Johnson’s role in each of 

the bank robberies was to act as the jumper, in that the vaulted over the teller counter 

in an effort to remove money. He did not handle any weapons, never fired any shots at

anyone, and never physically pushed or touched any of the occupants within the banks. 

In indictment No. 04-507, Johnson’s role was to act as the blocker following the 

robbery, in that the was to place his vehicle between the getaway vehicle and any 

pursuers. In reality what happened was that Johnson was inside the Wawa at the time

of the offense, and never acted as the blocker. 

Johnson was originally charged by Montgomery County authorities on the matter 

which eventually led to the indictment at 04-507 on March 18, 2004. The next day, he 

was arrested by the federal authorities. At that time, Johnson made an immediate, 

conscious decision on his own, without the services of counsel, to cooperate with the 

authorities. Among other things, he immediately confessed to his involvement in not 

only the robbery of the armed courier, but as well as the three (3) banks. In addition, 

he gave a voluntary statement, in writing, admitting to all of the forgoing and accepting 

3

Case 2:04-cr-00507-RBS Document 41 Filed 04/19/05 Page 3 of 7
full responsibility for his actions. He further voluntarily consented to a search of his 

residence, as well as his vehicle. Johnson continued cooperating thereafter by 

participating in multiple proffer sessions with the Government, providing background 

information concerning the robberies and other crimes he knew of, testifying at the 

Government’s request before a grand jury, and testifying at the trial of codefendant,

Eric Humbert, in case No. 04-192. In addition to evidence independently collected by 

the Government, Johnson’s testimony was considered essential to prosecute Humbert 

for the Fleet Bank robbery of June 20, 2003. 

From a personal perspective, Johnson is the father of three (3) children, whose 

father died from a gunshot wound some fifteen (15) years ago. He, himself, abused 

marijuana beginning at the tender age of fourteen (14) which continued throughout his 

adult life except for when he was incarcerated. He has a very severally injured right 

hand upon which he has had several surgeries, with future surgeries necessary. He 

cannot close his hand completely and requires daily medication to withstand the pain. 

As to the second factor, the only kind of sentence available to Johnson is 

incarceration. He will also have to face additional possible jail time as a result of an 

open case in Philadelphia County. He was not able to appear for trial on that matter 

scheduled for March 31, 2004, because he was incarcerated on the underlying federal 

charges. Therefore, any sentence imposed should reflect that Johnson may be facing

additional jail time. 

4

Case 2:04-cr-00507-RBS Document 41 Filed 04/19/05 Page 4 of 7
Thirdly, the advisory sentencing guidelines call for a sentence of 541 to 571 

months. Pursuant to the guilty plea agreements, the Government will be moving for a 

downward departure pursuant to section 5K1.1 of the Sentencing Guidelines, a motion 

to permit the Court to sentence below any mandatory minimum term of imprisonment

required under Count VI only, at No. 04-192, with the understanding that Johnson will,

nonetheless, face a mandatory minimum term of imprisonment of ten (10) years. 

Next, Johnson is only aware of one other codefendant in either of the cases who 

has been sentenced to date. The dockets indicate that Joseph Allen, a codefendant at 

No. 04-192 was sentenced to a term of imprisonment of 48 months, ordered to pay 

restitution in the amount of $6,081.00 and directed to pay a special assessment of 

$300.00. Allen had been charged with conspiring to rob one of the banks as well as 

using and possessing a firearm during a crime of violence. 

Finally, there is restitution due and owing in this case in the total amount of 

$118,375.69. 

III. CONCLUSION

Johnson respectfully requests that this Honorable Court grant the Government’s 

Motion for a Downward Departure pursuant to section 5k1.1 and 18 U.S.C. §3553(e) 

and sentence him to a term of imprisonment which is sufficient but not greater than 

necessary to achieve the purposes of sentencing. Johnson further requests that this 

Honorable Court recommend to the Bureau of Prisons that he serve his imprisonment 

5

Case 2:04-cr-00507-RBS Document 41 Filed 04/19/05 Page 5 of 7
at a facility as close as possible to Philadelphia, and that he be allowed to participate in 

a residential substance abuse treatment program. 

 Respectfully submitted,

 WORTH, MAGEE & FISHER, P.C. 

/s/ Marc S. Fisher

 Marc S. Fisher, Esquire

 Attorney for Defendant

 515 Linden Street, Third Floor 

 Allentown, PA 18101 

 610-437-4896 

 I.D. No.: 36711 

6

Case 2:04-cr-00507-RBS Document 41 Filed 04/19/05 Page 6 of 7
7

CERTIFICATE OF SERVICE

I, Marc S. Fisher, Esquire, hereby certify that on this date I served a true and 

correct copy of the Sentencing Memorandum of Defendant, Shannon Johnson, by U.S. 

First Class Mail, postage prepaid, to the individual, at the address and on the date 

indicated below: 

Jennifer Chun, Esquire 

U.S. Department o Justice f

615 Chestnut Street 

Philadelphia, PA 19106-4476 

DATE: April 19, 2005 /s/ Marc S. Fisher 

Marc S. Fisher, Esquire 

 Attorney for Defendant 

 515 Linden Street, Third Floor 

 Allentown, PA 18101 

 610-437-4896 

 I.D. No.: 36711 

Case 2:04-cr-00507-RBS Document 41 Filed 04/19/05 Page 7 of 7