UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

UNITED STATES OF AMERICA ) 

 ) 

 Plaintiff, ) 

-vs- ) 1:20-CR-00077-LY-1 

 ) 

GLEN JOHNSON ) 

 ) 

 Defendant. ) 

SENTENCING MEMORANDUM AND REQUEST 

FOR DOWNWARD DEPARTURE 

 COMES NOW the Defendant by his attorney Amber Vazquez, and for his 

Sentencing Memorandum and Request for Downward Departure and in support would 

show the following: 

 The PSR was received by the undersigned’s office on August 30, 2020, however 

Mr. Johnson moved to Limestone County Detention Center over 2 hours away and placed 

in quarantine on arrival. Counsel drove out to review the PSI with Mr. Johnson, since 

Limestone County has no video visitation system accessible for attorney client meetings, 

but counsel was told she would not be able to meet with Mr. Johnson until he was out of 

quarantine. Although counsel sent a copy of the PSI to Mr. Johnson, she was not able to 

review it with him until September 16, 2020, when he was released from quarantine and 

able to call counsel. 

In addition, Counsel for Mr. Johnson became extremely ill and has been 

hospitalized and had surgeries, including one on December 16, 2020. Therefore, counsel 

respectfully asks the court to consider the following objections that are incorporated into 

this Sentencing Memorandum and Request for Downward Departure. 

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I. INTRODUCTION 

Glen Johnson is 41 years old, and is one of three children born to Glen Johnson Jr 

and Marie Wilcox. Glen witnessed his mother physically abused by his father, and his 

parents divorced in 1984. When he was 12 years old he went to live with his 

grandparents who lived in Austin, Texas and it is where he has resided ever since that 

time. 

 The majority of his life, Glen has battled mental illness, and was diagnosed 18 

years ago with Major Depression and Bipolar Disorder. Around the same time his mental 

illness was diagnosed he began using methamphetamine and marijuana on a daily basis. 

It was this self medicating behavior that led to the addiction that would effect the rest of 

his life. 

II. BACKGROUND 

Glen Johnson was named in a two-count Indictment in which Count One charged him 

with Possession with intent to Distribute Methamphetamine in violation of 21 U.S.C. 

§841 (a)(1) and (b)(1)(C) and 18 U.S.C. § 2 alleged to have occurred between October 

and December 2019,while Count Two charged him with Possession of Firearm by a 

Felon, in violation of 18 U.S.C. §922 (g)(1) and 924(a)(2), all of which occurred in 

December 2019. On July 22, 2020, Mr. Johnson plead to Count Two charging him with 

Possession of Firearm by a Felon, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2), for 

the same conduct that happened in December 2019. 

The police had received information that Mr. Allen Forrest Cook was distributing 

large quantities of methamphetamine in Austin, Texas. Mr. Cook is a confirmed member 

of the gang the Aryan Brotherhood and is a co-defendant in this case that has yet to be 

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sentenced. Confidential Informants identified 1144 Richardine Avenue in Austin, Texas 

as the residence where Mr. Cook resided and distributed methamphetamine. One CI 

identified Glen Johnson as residing there as well, although he had just been staying there 

for a short time as a guest. 

Mr. Cook and Mr. Johnson were childhood friends from growing up together in 

Austin, and although Mr. Johnson was a member (he has since separated himself) of a 

rival gang, the Aryan Circle, Mr. Cook allowed him to stay at his place until Mr. Johnson 

could get back on his feet. Mr. Johnson, unfortunately, had just left a treatment facility 

with the acronym SMART, and was in the middle of a full scale relapse. Due to the rival 

nature of their organizations, it was made very clear that Mr. Johnson had nothing to do 

with the methamphetamine distribution that Mr. Cook was engaged in, and that Mr. 

Johnson would be allowed to be a customer of Mr. Cook. Conspiring to do any sort of 

illicit activity together could cost either one of them their lives, but it was well 

understood that they had been lifelong friends and Mr. Johnson was in desperate need of 

a place to stay. 

Mr. Johnson did obtain a gun from Mr. Cook, since Mr. Cook was engaged in 

illegal drug operations out of the house that he was allowing Mr. Johnson to stay as a 

guest. 

Officers obtained a search warrant for 1144 Richardine Avenue, which was 

executed on December 20, 2019. When the “no knock” search warrant was executed 

there were 6 people in the house. In Mr. Cook’s closet, in a safe that only he had access, 

they found hundreds of grams of methamphetamine. In the room Mr. Johnson was 

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staying, they found 5.89 grams of meth and an Interarms, Model Firestar Plus, 99 caliber, 

semiautomatic pistol. 

It should be noted that the agreed factual scenario states, “Mr. Johnson is not 

being held accountable for the methamphetamine “Ice” that was located hidden behind a 

shelf in Mr. Cook’s bedroom, as it appeared that Cook was in possession and command 

of those narcotics. 

III. 3553 FACTORS 

Characteristics of Defendant 

 Glen Johnson struggled with drug addiction for years, and it resulted in drug related 

convictions throughout his adult life. HE was incarcerated when he was a teenager, 18 

years old and sent to prison with violent adult men. Mr. Johnson affiliated with the Aryan 

Circle for protection, but came out more depressed and unbalanced that before and 

desperate to use methamphetamine again. 

 Mr. Johnson has repeatedly used his intelligence to create legitimate work for 

himself as a handyman, however, he continued to struggle with drugs. He would greatly 

benefit from the drug treatment program since he did not complete the one he left 

immediately prior to this charge because he is eager to change his life. 

Relevant Conduct 

What is referred to as "relevant conduct" under Section 1B1.3 is perhaps the most 

important concept governing the calculation of the base offense level under the guidelines. 

Section 1B1.1(3)(a)(1-4) provides that unless otherwise specified, your client's base 

offense level will be determined by his own acts, the reasonably foreseeable acts of others 

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(whether or not charged as a conspiracy) committed in furtherance of jointly undertaken 

activity (occurring during, in preparation for or in the course of attempting to avoid 

detection or responsibility), other groupable offenses that were committed as part of the 

same course of conduct, all harms that were the object of and/or that resulted from such 

acts and omissions, plus any other information specified in the applicable guideline. Under 

the November 1, 2015 amendments, Section 1B1.3 and the commentary notes to it was 

amended. This amendment reflects a much-needed emphasis on a defendant's actual 

culpability and attempts to clarify the use of relevant conduct in offenses involving multiple 

participants. 

In this instance, Mr. Johnson was in possession of a small amount of 

methamphetamine for his personal use and a firearm that he obtained from Mr. Cook. 

Downward Departure Warranted 

 The PSIR starts at a Guideline of 24 based on the premise if a defendant used or 

possessed the firearm cited in the offense of a conviction in connection with the 

commission of another offense, which was stated to be the first Count in the Indictment, 

Possession with Intent to Distribute. However, the agreed upon factual basis specifically 

stated that Mr. Johnson was not being charged with Mr. Cook’s drug distribution operation. 

Arguably, the more equitable level to start would be 20 for the gun. 

 In addition, the PSIR adds 2 points for being in possession of a pistol, which is 

confusing because Mr. Johnson’s only Count he plead to was possession of a firearm, so it 

does not make sense to have an upward adjustment for the same core conduct. 

 Mr. Johnson demonstrated acceptance or responsibility and was given a three point 

reduction. At a Criminal history level VI, even if the base level were to be calculated for 

Case 1:20-cr-00077-LY Document 55 Filed 12/18/20 Page 5 of 7
the gun without the 2 point enhancement for the same gun as a special characteristic, it 

would place him at a level 17 with a Category 6 criminal history. Mr. Johnson would still 

face 51 to 63 months in prison, which is a substantial sentence more mere possession with 

one gun. 

 As sentence of 51 months with full credit for the year he has been in custody would 

be long enough to without being gratuitous. The PSR recommended a level 23, which 

would be a range of 92 months to 115 months, almost the maximum penalty the charge 

Mr. Johnson plead to carries. 

IV. CONCLUSION 

While Mr. Johnson acknowledges that his guidelines and punishment range are subject 

to the mandatory minimum, Mr. Johnson would also like the court to consider all the factors 

above when determining the appropriate sentence. 

PRAYER 

 WHEREFORE, PREMISES CONSIDERED, counsel for the Defendant 

respectfully prays that the Court consider the Sentencing Memorandum and adjust the 

calculated guidelines accordingly, and for such other and further relief at law or in equity 

to which she may be entitled 

 Respectfully submitted, 

/s/ Amber Vazquez 

AMBER VAZQUEZ 

The Vazquez Law Firm, PLLC 

Texas Bar No. 24039225 

608 West 12th St. 

Case 1:20-cr-00077-LY Document 55 Filed 12/18/20 Page 6 of 7
Austin, TX 78701 

Phone: 512-220-8507 

Fax: 512-480-0760 

CERTIFICATE OF SERVICE 

 This is to certify that I have served a copy of the forgoing Motion for 

Continuance, on this 18th day of December, 2020, as follows: 

Doug Gardner 

United States Attorney's Office 

816 Congress Ave., # 1000 

Austin, Texas 78701 

(512) 916-5858

Cicely R. Bennett 

US Probation 

Austin, Texas 

Cicely_BEnnett@txwp.uscourts.gov

The Honorable LeeYeakel 

United States District Judge 

 /s/ Amber Vazquez _ 

 AMBER VAZQUEZ 

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