Johnson sentenced to three years in drug case

BESSEMER — A Ramsay man was sentenced to three years in prison in Gogebic County Circuit Court Tuesday on drug charges.

Michael Scott Johnson, 21, was sentenced by Circuit Judge Michael Pope on charges of possession of methamphetamine and possession of heroin with intent to sell.

Pope sentenced Johnson to 23 months in prison for the heroin charge and 13 months for the meth charge, ruling the sentences must not only be served consecutively to one another, but will only begin once Johnson completes a three-year prison term he is serving in Wisconsin.

Both crimes carry a maximum sentence of 20 years.

While imposing the sentence, Pope said Johnson was young and may have had a rough childhood.

“That being said, you’ve done nothing positive with your life whatsoever,” Pope said. “You’ve attended numerous treatment programs; all but one were unsuccessful. You’ve got a lengthy history of substance use and abuse. You don’t have much of a work history and, to be frank, you’ve picked up three felonies and five misdemeanors in less than a four-year span.

“And I think that is most indicative of the path in life you have chosen. And more importantly the charges you’ve incurred in this case were ... while you were on probation.”

Johnson pleaded guilty to the two charges in May as part of a deal that had six additional charges — including four from a second case — and a habitual offender-third offense designation dismissed.

The charges stem from a Feb. 11 Gogebic-Iron Area Narcotics Team search of a Bessemer residence after court records show it was determined Johnson, Stephanie Juntti and Dylan Smith traveled to Superior, Wis., to purchase drugs. Juntti was sentenced to one year in jail earlier in June. Smith pleaded guilty to charges in May and is awaiting sentence.

Johnson received 91 days credited for time served for the time between his Feb. 10 arrest and May 10 sentencing in Iron County for one count of delivery of meth.

Despite the argument made by Johnson’s attorney, Rudy Perhalla, Pope ruled Johnson would not be credited for the time he has served as part of his Wisconsin sentence.

Perhalla also objected to the decision to impose consecutive sentences, rather than allowing Johnson to serve time on both counts while in prison in Wisconsin.

Perhalla argued when including probation in the Wisconsin, Johnson would be punished for seven years of his life.

“What I think you should keep in mind, your honor, is the sentence he did receive in Wisconsin for the same type of offenses,” Perhalla said. “I think that is more than sufficient to cover a punishment for everything he did involving both cases, in both states.”

Gogebic County Prosecutor Nick Jacobs argued Perhalla’s request the sentence follow the pre-sentencing report’s recommendation of 10 months in jail, and to have the sentence run concurrently with the Wisconsin sentence, would be similar to him not serving any additional time beyond the Wisconsin sentence.

He added Johnson’s past sentences for marijuana-related charges were longer than 10 months.

“(Ten months) just does not seem consistent, given the history of what he has received in the past,” Jacobs said. “To accept the current recommendation serves as, really, no punishment, especially if it’s going to be concurrent with his Wisconsin sentence. In essence, I suppose I should write him a letter of apology for arresting him and we don’t want to do that.”

Jacobs asked Pope go beyond the sentence guideline and sentence Johnson to a total of four to 20 years.

Johnson was ordered to pay $198 in fines and court costs.

In a related matter, Pope also sentenced Johnson to the time he had served on probation prior to his arrest and discharged him from said probation. According to information presented in court, the sentence means Johnson has been unsuccessfully discharged from his probation.