Case: 3:09-cr-00002-GHD-SAA Doc #: 242 Filed: 04/24/17 1 of 5 PageID #: 2375

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION

UNITED STATES OF AMERICA

V. NO.09-CR-2 GHD

RICHARD F. SCRUGGS DEFENDANT

DEFENDANTS MOTION TO TERMINATE SUPERVISED RELEASE

Defendant Richard F. Scruggs requests this Court to terminate his supervised release.

Defendant has conferred with the U.S. Attorney and understands that the Government does

not oppose this motion.

Defendant has served the seven-year term of imprisonment imposed in this case and

paid a $100,000 fine. He has also served nearly three years of supervised release, which will

conclude on September 11, 2017.1

The congressional policy in providing for a term of supervised release after

incarceration is to improve the odds of a successful transition from the prison to liberty.

Johnson v. United States, 529 U.S. 694, 708-09 (2000). Similarly, the Fifth Circuit has explained

that, Rather than being punitive, supervised release is intended to facilitate the integration of

the violator into the community, while providing the supervision designed to limit further

criminal conduct. United States v. Jeanes, 150 F.3d 483, 485 (5th Cir. 1998) (quoting United

1
In another action (3:07-CR-192), Defendant completed a five-year prison term, paid a
$250,000 fine, and completed three years of supervised release. The supervised release in that
action ended sooner (April 23, 2017) because, after he completed that prison term, this Court
released Defendant to supervised release pending appeal of his motion for post-conviction
relief in this action. Defendant has confirmed with the U.S. Probation Service the completion of
his supervised release in the other action on April 23, 2017, and the conclusion of supervised
release for the present action on September 11, 2017.
 Case: 3:09-cr-00002-GHD-SAA Doc #: 242 Filed: 04/24/17 2 of 5 PageID #: 2376

States v. Joseph, 109 F.3d 34 (1st Cir.1997). Defendant has accomplished these purposes of

supervised release, by successfully reintegrating himself into the community and by eliminating

any risk of further criminal conduct.

Federal law specifically provides that a defendant may file a motion for early

termination of a term of supervised release, at any time after one year of supervision. 18 U.S.C.

3583(e)(1); see Pepper v. United States, 562 U.S. 476, 502 (2011). The court may terminate

supervised release if it is satisfied that such action is warranted by the conduct of the

defendant released and the interest of justice. 18 U.S.C. 3583(e)(1). The statute directs the

court to take into account a variety of considerations, including the nature of the offense and

the history of the offender, as well as any implications for public safety and deterrence. United

States v. Jeanes, 150 F.3d 483, 484 (5th Cir. 1998); see, e.g., U.S. v. Edwards, Not Reported in

F.Supp.2d, 2013 WL 486138 (M.D. La.) (granting early termination); U.S. v. Warfield, Not

Reported in F.Supp.2d, 2009 WL 970965 (W.D. La.) (same).

Defendants exceptionally good behavior demonstrates his rehabilitation. While in

prison, Defendant successfully completed the Residential Drug Abuse Program. He was an

extraordinary prisoner, using his time to teach other prisoners, helping dozens of men to

successfully complete their GED degrees and thus advance their lives once released.

Upon his own release, Defendant has integrated into the community and become a

positive force. He has formed a nonprofit organization, Second Chance Mississippi, which has

partnered with the Mississippi community colleges system to provide additional opportunities

for Mississippians to obtain their GEDs and receive job training. Since his release, Defendant

has never denied his misconduct or justified his behavior that formed the basis of his plea.

2
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Defendant has maintained a clean record with his probation officer as well, without any

infractions over the combined three years of supervised release. His charitable work has

required extensive travel throughout the state and into other states (Exhibit A). Any travel

outside of this judicial district requires the submission of paperwork, and any travel outside of

the state requires the approval of the probation office. Termination of Defendants supervised

release will decrease this administrative burden on the U.S. Government.

In short, Defendant has made a successful transition from prison to liberty. Johnson,

529 U.S. at 708-09. Further supervision is not warranted by the conduct of the defendant

and the interest of justice. 18 U.S.C. 3583(e)(1). Accordingly, this Court should terminate

further supervision.

Because the present motion is unopposed, Defendant will rest in the interest of brevity.

If, however, the Court desires additional authority, evidence, or analysis, Defendant requests

leave to file supplementary support and briefing.

WHEREFORE, PREMISES CONSIDERED, Defendant requests that this Court terminate

further supervised release. Defendant requests such other relief appropriate under the

circumstances.

This the 24th day of April, 2017.

Respectfully submitted,

RICHARD F. SCRUGGS

/s/ J. Cal Mayo, Jr.

J. CAL MAYO, JR. (MB NO. 8492)
ATTORNEY FOR DEFENDANT

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OF COUNSEL:
MAYO MALLETTE PLLC
5 University Office Park
2094 Old Taylor Road
Post Office Box 1456
Oxford, Mississippi 38655
Tel: (662) 236-0055
Fax: (662) 236-0035
cmayo@mayomallette.com

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 Case: 3:09-cr-00002-GHD-SAA Doc #: 242 Filed: 04/24/17 5 of 5 PageID #: 2379

CERTIFICATE OF SERVICE

I, J. Cal Mayo, Jr., one of the attorneys for Defendant, certify that I have electronically

filed this document in the ECF system with the Clerk of the Court which sent notification of the

filing to all attorneys of record.

THIS, the 24th day of April, 2017.

/s/ J. Cal Mayo, Jr.

J. CAL MAYO, JR.
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RICHARD F. SCRUGGS "A"
2nd CHANCE MS TRAVEL REQUEST FORMS SUBMITTED TO MR. DARRY FARMER

Departure Date Return Date Destination Purpose of Trip

1/13/2015 1/13/2015 Raymond, MS 2nd Chance MS - Meeting with Dr. Muse at Hinds Community College

Mt. Kilimanjaro, Tanzania 2nd Chance MS - Fundraising Trip. TRIP DID NOT HAPPEN

2/23/2015 2/24/2015 Jackson, MS 2nd Chance MS - Meeting with MS Association of Community & Junior
Colleges for presentation of GED Fundraiser Proposal - CANCELED
3/23/2015 3/24/2015 Jackson, MS RESCHEDULED - 2nd Chance MS - Meeting with MS Association of
Community & Junior Colleges for presentation of GED Fundraiser Proposal
4/14/2015 4/15/2015 Jackson, MS 2nd Chance MS - Meeting at Clarion Ledger Office & State Legislators Meeting -
CANCELED
4/22/2015 4/22/2015 Jackson, MS RESCHEDULED - 2nd Chance MS - Meeting with Clarion Ledger

4/24/2014 4/26/2015 Pascagoula, MS 2nd Chance MS - Meeting with WLOX & Personal - High School Reunion

5/13/2015 5/13/2015 Jackson, MS 2nd Chance MS - Meeting with MCCF, MS Dept. of Education & Morgan
Freeman's Charity to Discuss Tax Incentive Donations
6/3/2015 6/3/2015 Brookhaven, MS 2nd Chance MS - Speaking Engagements at 2 Civic Club Meetings

6/11/2015 6/15/2015 New York, NY 2nd Chance MS - Mississippi Picnic in the Park

6/17/2015 6/17/2015 Moorhead, MS 2nd Chance MS - Meeting with Dr. Nabors, President of Mississippi Delta
Community College
7/8/2015 7/8/2015 Jackson, MS 2nd Chance MS - Meeting with Will Crossley with Piney Woods School & Dr.
Clyde Muse with Hinds Community College
- (1) Change Submission: Mode of Transportation Change
7/16/2015 7/16/2015 Vicksburg, MS 2nd Chance MS - Speaking Engagements at Kiwanis Club & Rotary Club
- (1) Change Submission: Mode of Transportation Change
- (2) Change Submission: Return Date & Information Update
7/17/2015 7/17/2015 Meridian, MS 2nd Chance MS - Meeting Foundation Members about Charitable Donation
- (1) Change Submission: Mode of Transportation Change
8/21/2015 8/21/2015 Moorhead, MS 2nd Chance MS - Adult Education Forum at MS Delta Community College

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Departure Date Return Date Destination Purpose of Trip

9/9/2015 9/10/2015 Madison, MS 2nd Chance MS - Speaking Engagement with Ronnie Musgrove at Parkway Hills
United Methodist Church
9/12/2015 9/12/2015 Pascagoula, MS 2nd Chance MS - Speaking Engagement at Jackson Co. Literacy Council
- (1) Change Submission: Departure Date & Accommodations Changed
9/17/2015 9/17/2015 Poplarville, MS 2nd Chance MS - Tour Adult Education Program at Pearl River CC

9/20/2015 9/20/2015 Jackson, MS 2nd Chance MS - Guest Speaker at St. James Episcopal Church

9/28/2015 9/28/2015 Jackson, MS 2nd Chance MS - Meeting at MS Public Broadcasting - CANCELED

10/7/2015 10/7/2015 Jackson, MS 2nd Chance MS - Meeting with Edie Greene, MPB Director

11/5/2015 11/5/2015 Jackson, MS 2nd Chance MS - Speak at Hinds Community College Foundation Meeting
- (1) Change Submission: Mode of Transportation Change
- (2) Change Submission: Departure Date & Accommodations Change
- (3) Change Submission: Mode of Transportation, Departure Date &
Accommodations Change
11/19/2015 11/19/2015 Greenville, MS 2nd Chance MS - Speaking Engagement at the local Rotary Club

1/12/2016 1/12/2016 Hattiesburg, MS 2nd Chance MS - Tour Pearl River CC & Speak at Hattiesburg Rotary

1/28/2016 1/28/2016 Monroe County, MS 2nd Chance MS - Speak at Monroe County Chamber of Commerce

3/30/2016 3/31/2016 Bay St. Louis, MS 2nd Chance MS - Speak at Rotary Clubs
- (1) Change Submission: Accommodations & Additional Passengers
4/5/2016 4/5/2016 Jackson, MS 2nd Chance MS - Speak at Jackson Rotary
- (1) Change Submission: Return Date & Purpose of Trip Addition
4/13/2016 4/15/2016 Pascagoula/Ocean Springs, MS 2nd Chance MS - Speak at Rotary Club, Biloxi Business Men's Group & Jackson
County Literacy Fundraiser
4/27/2016 4/27/2016 Jackson & Kosciusko, MS 2nd Chance MS - Meetings with MS Manufacturing Association, MCCB &
Holmes Community College
5/2/2016 5/2/2016 Jackson, MS 2nd Chance MS - MS Today Inaugural Celebration

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Departure Date Return Date Destination Purpose of Trip

5/5/2016 5/5/2016 Gulfport, MS 2nd Chance MS - Speak at Gulfport Rotary

5/6/2016 5/6/2016 Raymond, MS 2nd Chance MS - Retirement Reception for Colleen Hartfield, Hinds Community
College
- (1) Change Submission: Transportation Changes
5/17/2016 5/17/2016 Meridian, MS 2nd Chance MS - Tour Meridian Community College
- (1) Change Submission: Date & Transportation Changes
5/19/2016 5/19/2016 Biloxi, MS 2nd Chance MS - Speak at the Biloxi Businessmen's Group Meeting

6/6/2016 6/6/2016 Vicksburg, MS 2nd Chance MS - Speak at ABE Summer Conference

6/9/2016 6/9/2016 Ridgeland, MS 2nd Chance MS - Speak at Madison/Ridgeland Rotary

6/22/2016 6/22/2016 McComb/Summit MS 2nd Chance MS - Visit Southwest Community College

6/24/2016 6/24/2016 Memphis, TN 2nd Chance MS - Lunch with Rotary District Governors

6/25/2016 6/25/2016 Memphis, TN 2nd Chance MS - Follow up Meeting with Rotary Directors from Previous Day

6/26/2016 6/29/2016 Pascagoula & Jackson, MS 2nd Chance MS - Meetings/Speak at Kiwanis Club and MPB

7/8/2016 7/9/2016 Pascagoula, MS 2nd Chance MS - Interview with Camera Crew for Charitable Work Award
- (1) Change Submission: Date & Transportation Changes
7/21/2016 7/21/2016 Ridgeland, MS 2nd Chance MS - Fax Down. Verbal Approval Requested. Speak at Ridgeland
Rotary
7/28/2016 7/28/2016 Jackson, MS 2nd Chance MS - Meeting at MS Public Broadcasting

8/8/2016 8/8/2016 Raymond, MS 2nd Chance MS - Meeting with Dr. Muse at Hinds Community College

8/25/2016 8/25/2016 Pascagoula to Jackson, MS 2nd Chance MS - Depart Pascagoula for Jackson & then Oxford. Speaking Eng.

8/31/2016 8/31/2016 Pascagoula, MS 2nd Chance MS - Speak at Pascagoula Rotary

9/7/2016 9/7/2016 Laurel, MS 2nd Chance MS - Meeting with Sanderson Farms

10/18/2016 10/19/2016 Jackson, MS 2nd Chance MS - Meetings at the State Capital & MS Museum of Art

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Departure Date Return Date Destination Purpose of Trip

10/24/2016 10/25/2016 Jackson, MS 2nd Chance MS - Meetings at the State Capital & Speak at Rotary

11/9/2016 11/9/2016 Ocean Springs, MS 2nd Chance MS - Speak at Ocean Springs Rotary

11/16/2016 11/17/2016 Moss Point/Gulfport, MS 2nd Chance MS - Speak at Gulfport Kiwanis & Moss Point Rotary Meetings

12/6/2016 12/6/2016 Jackson, MS 2nd Chance MS - Meeting with David Blount, State Senator

1/9/2017 1/9/2017 Jackson, MS 2nd Chance MS - Speak at Jackson Rotary Meeting

1/18/2017 1/18/2017 Clinton, MS 2nd Chance MS - Speak at Quisenberry Public Library Event

1/20/2017 1/20/2017 Jackson, MS 2nd Chance MS - MCCB Board Meeting

2/8/2017 2/9/2017 Hattiesburg & Jackson, MS 2nd Chance MS - Meeting at Pearl River CC & Interview on Super Talk Radio

2/21/2017 2/22/2017 Jackson & Ellisville, MS 2nd Chance MS - Meeting with the Kellogg Foundation & Meet with Dr. Jesse
Smith at Jones County Jr. College
4/2/2017 4/2/2017 Jackson, MS 2nd Chance MS - Speak at St. Andrews Cathedral

4/8/2017 4/9/2017 Brookhaven, MS 2nd Chance MS - Present at Lincoln County Library Event & Speak at First
United Methodist Church

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