United States v. Brian Johnson

WILLIAMS, Circuit Judge.

Unexpectedly for both the government and defense counsel, Brian Johnson’s former girlfriend, S.W., appeared at his sentencing hearing and stated she wanted to testify. Johnson had pled guilty to failure to register as a sex offender, and the government’s sentencing memorandum requested an enhancement for committing a sex offense on the basis that Johnson sexually assaulted S.W. With neither party wishing to call her as a witness, the judge exercised his authority to call S.W. to the stand. She testified that although she did not want Johnson to perform oral sex on her…