Lengthy criminal past, violence earns man 7½ years in drug case

LITTLE ROCK — A man will spend the next 7½ years in federal prison for his part in a major fentanyl distribution ring after the judge cited his lengthy criminal history, crimes of violence, and record of misbehavior while incarcerated in state prison.

Robert Johnson, 33, of Little Rock, is one of 17 people indicted as part of what federal authorities called the Desmond Kelley drug trafficking organization. He pleaded guilty Feb. 1 to one count of fentanyl distribution, which carries a maximum penalty of 20 years in prison and a maximum $1 million fine. The guideline sentencing range recommended in Johnson’s presentencing report called for between 57 and 71 months in prison and a fine ranging between $15,000 and $1 million.

Johnson was sentenced Wednesday by U.S. District Judge Brian Miller, whose sentence was 19 months above the top guideline recommendation, despite Johnson’s attorney, Theodis Thompson, asking for mercy for his client. Thompson argued that Johnson’s mother, who was in the courtroom during the sentencing, is a quadriplegic who needs her son to provide her care.

“Prior to the indictment,” Thompson said, “Mr. Johnson was there every day to assist his mother in her day-to-day activities, which is what she still needs.”

Thompson argued that his client, who he said has been incarcerated since late 2019, was deeply remorseful and that his time in jail had the effect of acting as a deterrent to further criminal acts.

“We’re hopeful you will consider releasing Mr. Johnson,” Thompson said. “We ask for mercy.”

Johnson acknowledged his past bad acts but said he was tired of being locked up.

“I done got older now and I’m just tired,” he said. “I don’t want to keep going through the jail time and prison time…. I want to get a trade and do better.”

But, looking over Johnson’s record, Miller, appearing by videoconference link from the federal courthouse in Helena-West Helena, said nothing in the record indicated to him that Johnson was deserving of mercy. He also noted that even if Johnson were to receive a long prison sentence, his father and four siblings would still be available to care for his mother.

Miller observed that among infractions listed in Johnson’s records was an arrest for shooting a man in 2006.

“You shot him in the kneecap so I guess that makes it better that you shot him in the leg and you didn’t kill him,” Miller said. “But you shot a man and you ended up getting, I think it was 12 months of probation.”

Miller said the previous year, in 2006, Johnson was arrested on a charge of simultaneous possession of drugs and firearms, which was reduced to a charge of carrying a weapon, for which Johnson was also sentenced to 12 months probation.

“Then in 2007 you shot a man and got 144 months, which is 12 years of prison time,” Miller said. “Had you served that whole 12 years you would be locked up, you wouldn’t be out now, but the state of Arkansas, as we all know, sentences people to big terms of imprisonment but they don’t hold them. They’re very good at sentencing them but they don’t hold them.

“Then you went down to the prison,” Miller continued, “and you acted a plumb fool in prison.”

The judge noted that while in the custody of the Arkansas Department of Correction, Johnson received 31 violations for failure to obey staff members; 14 violations for being out of place for assignments; 11 unexcused work absences; six commissions of felonies or misdemeanors while in prison; five indecent-exposure violations; four violations of insolence to staff members;, two violations each for being outside his living quarters; use of drugs or alcohol; battery on an inmate; issuing threats; drug possession; instigating fights, “and it goes on and on and on.”

“Even when you went to prison you didn’t know how to act,” Miller said. “And when you got out, in 2018, you had possession of a controlled substance, fleeing, failure to yield, speeding, possession of instruments of a crime, and you got 365 days on that.”

Miller said Johnson then got involved with the Kelley drug trafficking organization from which his latest indictment stemmed, where his role was to deliver fentanyl.

“So, I understand Mr. Thompson’s argument and I understand that your mother wants you home but no man, you’re about to go sit down,” Miller told Johnson. “And I’m about to sit you down for some years.”

Miller confessed to struggling with the idea of sentencing Johnson within the guideline range or going above the range, and noted that under federal statutes, Johnson could receive a sentence of 20 years.

“I look at this case and I see 10 years all over it,” the judge said. “This is a 10-year case.”

Assistant U.S. Attorney Chris Givens, argued that Johnson’s background showed a propensity for violence and that the government would not support a downward variance from the guideline range.

“The drugs and violence in his past do support sending a message,” Givens said.