IN THE CIRCUIT COURT FOR BALTIMORE COUNTY, MARYLAND CRIMINIAL DIVISION STATE OF MARYLAND V. DONALD S.

JOHNSON : : : : : : : :

Criminal No: 03K 98-0020 03K 98-0021 Judge: Honorable V. Ballou-Watts (Honorable Judge Hickle, Retired)

DEFENDANTS MOTION FOR AN IMMEDIATE HEARING OR ALTERNATIVE RELIEF COMES NOW the defendant, Donald S. Johnson, by and through his attorney, Jonathan Hoover, Esq. and request this Honorable Court for an immediate hearing or alternative relief regarding the Detainer issued in the above captioned matters. As a basis for the relief sought, the Defendant states as follows: 1. This Defendant was arrested for the above referenced matters on or about October 23, 1997. 2. On or about April 29, 1998, this Defendant entered pleas of guilty in the above-captioned matters. 2. After consultation with his attorney, this Defendant waived his right to a presentencing report and requested that he be sentenced immediately 3. This Defendants request was granted and he was sentenced by the Honorable Judge William Hinkle. 4. Defendant was given the following sentence: Case No.: 98 CR 0021 he was sentenced to a term of 12 years with all but 5 years suspended; this sentence was to be

served concurrently with Case No.: 98 CR 0020. In Case No: 98 CR 0020 defendant was sentence to a term of 3 years probation which was to be concurrently with Case No: 98 CR 0021. 5. Following imposition of the sentence defendant served a term of incarceration of slightly more than three years (approximately 39 months) and was released from incarceration on January 5, 2001. 6. Subsequently, on or about June 12, 2003, defendant was rearrested in the State of New Jersey and charged in United States District Court with several counts of Bank Robbery. 7. On November 23, 2004 pursuant to a written plea agreement between the defendant and the United States Attorneys Office for the District of New Jersey, this Defendant pled guilty to the information in Criminal No(s): 04-793 and 04-842. At the time of sentencing, the federal prosecutor assigned to the matter was Diana V. Carrig, Office of the U.S. Attorney, U.S. Post Office Building, 401 Market Street, 4th Floor, Camden, New Jersey, 08101. 8. On September 22, 2005, the defendant was sentenced by the Honorable Jerome B. Simandie, U.S. District Court Judge. 9. The Judge imposed a sentence of 132 months incarceration. 10. Defendants is currently in Federal custody serving his sentence at the following: Place of Confinement: FCC-Coleman-USP Coleman, Florida Federal I.D. No.: 40759-050

11. AUSA Carrig can confirm the immediate acceptance of responsibility and cooperative efforts of the defendant, Donald S. Johnson.

12. The court should note that the defendant is not scheduled for release until 2013. Moreover, at the time of sentencing it was noted that the defendant had a substance abuse problem. 13. However, the defendant is prevented from participating in certain treatment programs due to the detainer issued by the State of Maryland in the above referenced case prevents defendant from participating in any of the drug treatment programs available within the federal system. 14 . Defendant has accepted responsibility for his previous criminal actions and has become a model inmate. Moreover, the defendant has for the first time has fully accept responsibility and address his drug problem. 15. Defendant avers that the interests of justice will be fully served and satisfied with the serving of the sentence imposed by the United States District Court as well as the time already served by the defendant in the State of Maryland. 16. Counsel notes for the court, that the defendant has served the majority of his sentence in the Maryland cases. 17. However, the defendant cannot address his drug problem with a treatment plan while the Maryland detainer is pending/outstanding. 18. Counsel has spoken to the probation office whose indicated they are willing to close the case as unsuccessful with an Order from this court. 19. Lastly, counsel has also spoken with the States Attorneys Office regarding this matter. The State has also indicated that withdrawal of the warrant/detainer is a matter to be addressed directly with this Court. 20. According we would ask that the Court grant this Motion without a need for

hearing based on the facts and circumstances contained herein. WHEREFORE, for these and other reasons that will be addressed at a hearing on this matter, defendant requests that this Honorable Court quash the detainer; and vacate the Order to Show Cause and sentence the Defendant to time serve; or immediately set this matter for an Order to Show Cause; or such other and further relief as deem appropriate.

Respectfully submitted, _______________________ Jonathan Hoover, Esq. Attorney for the Defendant Law Offices of Hoover & Hoover 218 East Lexington Street, 501 Baltimore, Maryland 21202 (410) 625-8301 Office (410) 625-8302 Fax

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that three copies of the foregoing Motion, Points and Authorities was hand-delivered this 26th day of February, 2009 to: Clerk of the Court Baltimore County Circuit Court 401 Bosley Avenue Towson, Maryland 21204 Lauren Stone States Attorney 401 Bosley Avenue 5th Floor Towson, Maryland 21204

___________________________ Jonathan Hoover, Esq. Attorney for Defendant