NOV 02 2001 United States District Court for the Western District of Washington Report on Offender Under Supervision Name of Offender: Carl Edward Johnson Case Number: CR98-05393 Name of Judicial Officer: The Honorable Robert J. Bryan Date of Original Sentence: 06/11/99 Date of Report: 10/29/01 Original Offense: Retaliation Against Judicial Officer; Obstruction Of Justice by Threat of Death Against Judicial Officer; Threatening Communication in Interstate of Foreign Commerce; Threatening Communications in Interstate of Foreign Commerce. Original Sentence: 37 months BOP; 3 years TSR Type of Supervision: Supervised Release Date Supervision Commenced: 08/06/01 Special Conditions Imposed [x] Substance Abuse [x] Financial Disclosure [ ] Restitution [x] Mental Health [ ] Fine [ ] Community Service [x] Other: No new credit; all employment shall be subject to approval by the Probation Officer; shall not use the Internet or a modem without the permission of his Probation Officer and shall provide his Probation Officer with the name and the Internet address of his Internet account use; shall not possess or use any computer encryption software or programs, retailers [sic], or anonymizers. NONCOMPLIANCE SUMMARY The probation officer believes that Carl Edward Johnson has violated conditions of supervision by: Violation Number Nature of Noncompliance 1. Failing to report the names and addresses of two Internet service providers, in violation of a special condition of supervision. 2. Using the Internet to access the "Cypherpunk" website after being specifically instructed not to use the Internet for this purpose, in violation of standard condition number 3. U.S. Probation Officer Action; On October 18, 2001, this officer received intelligence information which indicated Mr. Johnson was accessing the Internet using two Internet accounts which had not been provided to this officer. Mr.Johnson was using these accounts to insert himself back into a "Cypherpunk" web site he had been accessing during the instant offense. During the probation intake with Mr. Johnson on August 20, 2001, he was instructed to use the Internet for the purpose of researching his medical condition and legal matters only, He was specifically instructed not to access the Cypherpunk website. Of particular concern was the content of Mr. Johnson's e-mails, which contained derogatory comments about federal officials. On October 22, 2001, this officer, along with the investigating agent in this matter, conducted an unannounced home visit at Mr. Johnson's residence. Mr. Johnson was asked if he had provided this officer with all Internet accounts he was currently using, to which he stated he had two new accounts he forgot to report to this officer. He accurately provided the account addresses and stated he would not forget in the future. Mr. Johnson was questioned in regard to his recent postings to the Cypherpunk website after being instructed by this officer not to use the Internet for this purpose. Mr. Johnson became highly agitated at this point, yelling obscenities and banging his fists on the table. After he calmed down, however, Mr. Johnson stated he misunderstood and did not realize he was restricted from going into this site. He further explained that his messages, in regard to federal officials, were simply commentaries to other people's messages. Mr. Johnson was reprimanded for the inappropriate nature of his e-mail messages and again specifically directed not to access the Cypherpunk website or make any postings to that site. It is noted that a thorough inspection of Mr. Johnson's residence was conducted during this home visit which did not yield anything unusual. The Probation Office is giving Mr. Johnson the benefit of the doubt when he says he misunderstood this officer's instructions. We will continue to monitor him closely, and are recommending that no further action be taken at this time. Should Mr. Johnson's noncompliant behavior continue, the Court will be immediately notified and further sanctions will be requested. Respectfuly submitted, [signed] Lornie G. Vanous Senior U.S. Probation Officer APPROVED: William S. Corn Chief U. S. Probation Officer BY: [signed] Catherine E. Sandstrom Supervising U.S. Probation Officer LGV/lv 10/31/01 Attachment: Presentence, Report __________________________________________________________________ THE COURT DIRECTS: [x] No Action Approved [ ] Submit a Request for Modifying the Condition or Term of Supervision [ ] Submit a Request for Warrant or Summons [ ] Other [signed Robert J. Bryan] Signature of Judicial Officer 2 NOV 01 Date ------------------------------------------------------------------ United States District Court for the Western District of Washington November 2, 2001 MAILING CERTIFICATE OF CLERK Re: 3:98-cr-05393 True and correct copies of the attached were mailed by the clerk to the following: Robert Louis Jacob London, Esq. U S ATTORNEY'S OFFICE STE 5100 601 UNION ST SEATTLE, WA 93101-3903 FAX 553-0755 Floyd G Short, Esq. U S ATTORNEY'S OFFICE STE 5100 601 UNION ST SEATTLE, WA 98101-3903 FAX 553-2502 Todd Maybrown, Esq. ALLEN, HANSEN & MAYBROWN, P.S. STE 3020 600 UNIVERSITY ST SEATTLE, WA 98101 FAX 447-0839 USPO - Tacoma US PROBATION OFFICE ROOM 1310 1717 PACIFIC AVE TACOMA, WA 98402-3231 FAX 1-253-593-6378 Judge Bryan ------------------------------------------------------------------