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    On November 24, 2000, Johnson was arrested by New York City police officers responding to a report of gunfire at an apartment in the Bronx, and soon turned over to federal authorities for prosecution. On December 28, 2000, a federal grand jury returned a single-count indictment charging Johnson with possessing a firearm that had been transported in interstate commerce, after having been convicted of a felony. Johnson pled guilty to that offense on March 13, 2001, after negotiations with the government had failed to result in a plea agreement. (11/27/01 Tr. 68, 75.) [1] Accordingly, at the time of the plea, both the prosecutor and Johnson acknowledged that there was no plea agreement limiting the punishment Johnson could receive (3/13/01 Tr. 3); that Johnson had not been offered any inducement to plead guilty ( id. 16); that Johnson had been advised he could receive a sentence as high as ten years in prison ( id. 12); that Johnson's ultimate sentence would be determined by the sentencing guidelines ( id. 14-15); that no one could predict what Johnson's sentence might turn out to be until the completion of the presentence report and the calculation of the appropriate guidelines range ( id. 15); and that Johnson would not be allowed to withdraw his plea if the sentence turned out to be more than he expected or more than his attorney had predicted ( id. ).

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