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Defendant's Memorandum of Law in Support of Motion to Modify Conditions of Supervised Release — United States v. Gregory Scott Keough

No. 9:23-cr-80154-DMM · Doc. 70-1 · Docket on CourtListener

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Case 9:23-cr-80154-DMM Document 70-1 Entered on FLSD Docket 07/01/2025 Page 1 of 16




   Patrick J. Egan (Pro Hac Vice pending)
   Ian Comisky
   FOX ROTHSCHILD LLP
   Two Commerce Square
   2001 Market Street, Suite 1700
   Philadelphia, PA 10103
   pegan@foxrothschild.com
   icomisky@foxrothschild.com
   Tel: 215.299.2000
   Fax: 215.299.2150
   Attorneys for Defendant
   Gregory Scott Keough

                           IN THE UNITED STATES DISTRICT COURT
                          FOR THE SOUTHERN DISTRICT OF FLORIDA

                                   CASE NO. 9:23-CR-80154-DMM-1

   UNITED STATES OF AMERICA,

                      Plaintiff,
          v.

   GREGORY SCOTT KEOUGH,

                  Defendant.
   _________________________________

                 DEFENDANT’S MEMORANDUM OF LAW IN SUPPORT OF
               MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE

          Defendant Gregory Scott Keough (“Mr. Keough”), by and through undersigned counsel,

   respectfully submits this Memorandum of Law in Support of Motion to Modify Conditions of

   Supervised Release. Mr. Keough seeks to modify his supervised release conditions to (a) become

   non-reporting and (b) remove the drug testing requirement, and in support thereof states as follows:

                                          INTRODUCTION

          Mr. Keough has an opportunity to renew the life he regretfully derailed when he committed

   his crimes. But this life is in San Salvador, El Salvador, not the United States. Given his unique

   personal circumstances, Mr. Keough’s current supervised release conditions effectively shackle
Case 9:23-cr-80154-DMM Document 70-1 Entered on FLSD Docket 07/01/2025 Page 2 of 16




   him in a country he no longer calls home. Recent amendments to the Sentencing Guidelines

   encourage courts to avoid such predicaments. As such, the Court should modify the conditions of

   Mr. Keough’s supervised release to allow him to rejoin his family in El Salvador, cease reporting

   to the United States Probation Office, and remove the drug testing requirement.

                                           BACKGROUND

           Mr. Keough pled guilty in November 2023 to two counts of wire fraud, 18 U.S.C. § 1343,

   and one count of money laundering, 18 U.S.C. 1957(a). See Judgment 1, ECF No. 60. The Court

   sentenced him to thirty months imprisonment, followed by a three-year term of supervised release.

   Id. at 2-3. Mr. Keough voluntarily reported to prison on or around March 25, 2024. Declaration of

   Gregory Scott Keough (“Keough Declaration”) ¶ 2. He was released to a halfway house on May

   21, 2025, and currently is under home confinement at a rental property in Wellington, Florida.

   Keough Decl. ¶¶ 3, 5.

           As part of his sentence, the Court imposed “mandatory” conditions of supervised release.

   Judgment 3, ECF No. 60. Despite having never abused alcohol, nor experimented with any illicit

   drugs, see Presentence Investigation Report (“PSR”) 19-20 ¶¶ 86-87, ECF No. 50, the Court

   imposed a mandatory condition requiring Mr. Keough to “submit to one drug test within 15 days

   of release from imprisonment and at least two periodic drug tests thereafter, as determined by the

   court” (the “Drug Test Condition”), Judgment 3, ECF No. 60. This is despite the fact that the

   Probation Office determined that Mr. Keough “pose[d] a low risk of future substance abuse.” PSR

   27 ¶ 125, ECF No. 50. In any event, Mr. Keough has been subjected to three drug tests since his

   release from prison. Keough Decl. ¶ 3. All drug tests returned negative results for the presence of

   illicit drugs. Id.

           The Court also imposed thirteen “standard” conditions of supervised release. See Judgment




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   4, ECF No. 60. Many of the standard conditions require Mr. Keough to report in some way to an

   officer with the United States Probation Office:

          2. After initially reporting to the probation office, you will receive instructions from the
          court or the probation officer about how and when you must report to the probation officer,
          and you must report to the probation officer as instructed.
          3. You must not knowingly leave the federal judicial district where you are authorized to
          reside without first getting permission from the court or the probation officer.
          …
          5. You must live at a place approved by the probation officer. If you plan to change where
          you live or anything about your living arrangements (such as the people you live with), you
          must notify the probation officer at least 10 days before the change. If notifying the
          probation officer in advance is not possible due to unanticipated circumstances, you must
          notify the probation officer within 72 hours of becoming aware of a change or expected
          change.
          6. You must allow the probation officer to visit you at any time at your home or elsewhere,
          and you must permit the probation officer to take any items prohibited by the conditions of
          your supervision that he or she observes in plain view.

   (collectively, the “Reporting Conditions”). Id.

          Finally, the Court imposed four “special” conditions of supervised release. See Judgment

   5, ECF No. 60. These conditions: (1) prohibit Mr. Keough from associating with his partner in

   crime, Derek Acree; (2) require complete financial disclosure to the United States Probation

   Office; (3) subject Mr. Keough to periodic searches of his person or property; and (4) require Mr.

   Keough pay unpaid fines and restitution. See id.

          Mr. Keough’s unique personal circumstances clash with these conditions. In fact, Mr.

   Keough’s life is not in the United States; Ana, his wife of 30 years, is a citizen and resident of El

   Salvador. PSR 18 ¶ 77, ECF No. 50. The couple have five children, all of whom are also El

   Salvadoran citizens. Id. The family had lived in El Salvador for over two years prior to Mr.

   Keough’s plea, and had intended to settle in San Salvador, El Salvador permanently. See Keough

   Decl. ¶ 7. Individually Mr. Keough has deep and lengthy ties to El Salvador, having originally

   arrived there over thirty years ago while serving in the United States Central Intelligence Agency.




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   See PSR 22 ¶ 98, ECF No. 50. He has lived in El Salvador intermittently for the last ten years as

   an authorized legal resident. See Keough Decl. ¶ 6. All told, he considers El Salvador his home.

   Id. ¶ 14.

           Prior to his plea Mr. Keough was working full time in El Salvador and had adequate income

   to support his family. See PSR 20 ¶ 92, 23 ¶ 99, ECF No. 50. Mr. Keough will be able to return to

   his former work should he be allowed to return to El Salvador. See id. at 23 ¶ 99; Keough Decl. ¶

   12. Additionally, the family has no home and owns no real estate in the United States. See Keough

   Decl. ¶ 8. Mr. Keough’s one daughter was a college student in the U.S. but is now studying in

   Spain. Id. ¶ 9. His three brothers reside in the United States but are not local to Florida. See PSR

   17 ¶ 75, ECF No. 50.

           Mr. Keough’s family struggles without him in El Salvador. His two youngest children are

   special needs—one has ADD and Dyslexia, and the youngest child has sensory processing

   disorder, ADHD and is currently undergoing psychiatric and phycological treatment. See id. at 18

   ¶ 77. In addition, Ana Keough’s elderly father passed away unexpectedly. See Keough Decl. ¶ 10.

   As a result, she and Mr. Keough are now the primary care givers for Ana’s mother, who is also a

   citizen of El Salvador. Id. The family is currently getting by, but they need Mr. Keough in El

   Salvador for emotional and financial support. See id. ¶ 11. Mr. Keough also needs his family to

   ease his transition back into civilian life. Id.

           Seeking familial reunification, Mr. Keough now brings this Motion. Prior to filing the

   Motion, the United States Probation Office indicated that while they “typically do not recommend

   non-reporting supervision…it may be appropriate in this case.” Declaration of Patrick J. Egan,

   Esq. (“Egan Declaration”) ¶ 3. The United States Attorney’s Office objects to the relief sought in

   this Motion. Id. ¶ 4.




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                                        LEGAL STANDARD

          Courts are empowered to “modify, reduce, or enlarge the conditions of supervised release,

   at any time prior to the expiration or termination of the term of supervised release….” 18 U.S.C.

   § 3583(e)(2). The following factors guide the analysis in determining whether modification of

   supervised release conditions is warranted:

          (1) the nature and circumstances of the offense and the history and characteristics of the
              defendant (18 U.S.C. § 3553(a)(1));
          (2) the need to afford adequate deterrence to criminal conduct, to protect the public from
              further crimes of the defendant, and to provide the defendant with needed educational
              or vocational training, medical care, or other correctional treatment in the most
              effective manner (18 U.S.C. § 3553(a)(2)(B)–(D));
          (3) the kinds of sentence and the sentencing range established for the applicable category
              of offense committed by the applicable category of defendant as set forth in the
              guidelines (18 U.S.C. § 3553(a)(4));
          (4) any pertinent policy statement issued by the Sentencing Commission (18 U.S.C. §
              3553(a)(5));
          (5) the need to avoid unwarranted sentence disparities among defendants with similar
              records who have been found guilty of similar conduct (18 U.S.C. § 3553(a)(6)); and
          (6) the need to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7)).

   See 18 U.S.C. § 3583(e).

                                            ARGUMENT

          Mr. Keough was a first-time offender when he pled guilty to fraud crimes in November

   2023. He paid his debt to society—literally and figuratively—by accepting responsibility, serving

   his time, and fully satisfying restitution and fines prior to sentencing. He is just now reentering

   society under conditions of supervised release.

          Since Mr. Keough’s sentencing, the United States Sentencing Commission amended the

   Sentencing Guidelines related to supervised release. These Amendments seek to ensure that

   supervised release is not an alternative form of punishment. Considering these Amendments and

   Mr. Keough’s unique personal circumstances, the current supervised release conditions imposed

   on Mr. Keough are punitive and ought to be modified.



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          Specifically, the Reporting Conditions and Drug Test Condition serve no purpose other

   than punishment in the case of Mr. Keough. Mr. Keough’s entire life is in El Salvador, not Florida,

   and these conditions effectively render Mr. Keough a prisoner in public life. As such, the Court

   should modify the conditions of Mr. Keough’s supervised release in a manner that renders him

   “non-reporting” and removes the drug testing requirement, thereby allowing him to relocate to his

   family in El Salvador.

      A. Overview of the Sentencing Guideline Amendments.

          It is often said that supervised release “is not a punishment in lieu of incarceration.” United

   States v. Grunderson, 511 U.S. 39, 50 (1994). Indeed, supervised release is supposed to “fulfill[]

   rehabilitative ends, distinct from those served by incarceration” by “provid[ing] individuals with

   postconfinement assistance.” United States v. Johnson, 529 U.S. 53, 59-60 (2000).

          But since its inception in the Sentencing Reform Act of 1984, supervised release has drifted

   from these once-lauded principles. Countless studies have shown that supervised release in

   practice often carries a punitive character when it is imposed pro forma without due regard to the

   unique circumstances of the individual person. See, e.g., Overview of Probation and Supervised

   Release     Conditions,     U.S.     COURTS,      at     10     (July    2024),      available     at,

   https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/post-conviction-

   supervision/overview-probation-and-supervised-release-conditions         (“excessive     correctional

   intervention for low-risk defendants may increase the probability of recidivism by disrupting

   prosocial activities and exposing defendants to antisocial associates.”); The Arthur Liman Center

   for Public Interest Law, Collecting Conditions: A Snapshot of Supervised Release in 2023 in the

   U.S. District Court for the District of Connecticut, YALE LAW SCHOOL, at 19 (Jan. 28, 2025),

   available at, https://law.yale.edu/yls-today/news/liman-center-research-helps-inform-proposed-




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   federal-sentencing-guidelines-supervised (recognizing that “[t]he statutory purposes for

   supervised release focus on supporting rehabilitation” but “some conditions may not be relevant

   to an individual’s flourishing by the time that person is released.”).

          Recognizing these problems, the United States Sentencing Commission recently amended

   the Sentencing Guidelines. 1 See generally U.S. Sent’g Comm’n, Amendments to the Sentencing

   Guidelines             (Official            Text)             (Apr.        30,           2025),

   https://www.ussc.gov/guidelines/amendments/adopted-amendments-effective-november-1-2025.

   The Amendments serve to refocus courts’ attention to the original purposes of supervised release

   in several ways that are relevant to Mr. Keough’s circumstances.

          First, the Amendments “underscore[] the rehabilitative purposes of supervised release” in

   part by “remov[ing] the instruction that ‘standard’ conditions are recommended for supervised

   release….” U.S. Sent’g Comm’n, Amendments to Sentencing Guidelines (“Reader-Friendly”

   Version) (Apr. 11, 2025), at 31-33, https://www.ussc.gov/guidelines/amendments/adopted-

   amendments-effective-november-1-2025 (hereinafter, “Guideline Amendments”). Instead,

   standard conditions may now “be modified, omitted, or expanded in appropriate cases” and

   “imposed only when authorized by an individualized assessment.” Id. at 33 (emphasis added).

          Second, the Commission aimed to ensure that such individualized assessment was

   conducted “as soon as practicable after a defendant’s release from imprisonment.” U.S Sent’g

   Comm’n, Proposed Amendments to the Sentencing Guidelines (Preliminary) (Jan. 24, 2025),

   https://www.ussc.gov/sites/default/files/pdf/amendment-process/reader-friendly-

   amendments/20250124_prelim_rf.pdf.



   1
    Without Congressional action, the Amendments will become effective November 1, 2025. See
   U.S. Sent’g Comm’n, Amendments to the Sentencing Guidelines (Official Text) (Apr. 30, 2025),
   https://www.ussc.gov/guidelines/amendments/adopted-amendments-effective-november-1-2025.


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          Third, the Amendments added a new §5D1.4 (Modification, Early, Termination, and

   Extension of Supervised Release (Policy Statement)), which encourages courts to “consider

   modifying the terms and conditions of supervised release whenever changed individual

   circumstances so warrant.” Guideline Amendments, at 34.

          These Amendments serve to refocus courts’ attention to the original purposes of supervised

   release—rehabilitation, only when it is necessary. And the Sentencing Commission isn’t alone in

   this mission. A recent bipartisan coalition in Congress has sought to address similar concerns. See,

   e.g., Safer Supervision Act of 2023, S. 2681, 118th Cong. (2023) and H.R. 5005, 118th Cong. (1st

   Sess. 2023). And just this year, the United States Supreme Court did the same. See Esteras v.

   United States, --- U.S. ---, No. 23-7483, 2025 WL 1716137, at *6 (June 20, 2025) (holding that

   courts may not consider the retributive factor (§ 3553(a)(2)(A)) when determining whether to

   revoke supervised release).

          As discussed below, this renewed focus makes clear that the Reporting Conditions and

   Drug Test Condition are purposeless in the case of Mr. Keough.

      B. The Court Should Modify Mr. Keough’s Supervised Release Conditions.

          With the above principles in mind, Courts must make an individualized assessment of the

   defendant’s circumstances when imposing or modifying conditions of supervised release. See

   United States v. Bell, 915 F.3d 574, 577-78 (8th Cir. 2019). This individualized assessment ensures

   that supervised release is imposed on those, and only those, who need it. See, e.g., Comm. on the

   Judiciary, Comprehensive Crime Control Act of 1983, S. Rep. No. 98-225, at 54, 124 (1983)

   (stating the twin goals of supervised release to “assure that [those] who will need post-release

   supervision will receive it” while “prevent[ing] probation system resources from being wasted on

   supervisory services for releasees who do not need them.”).




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          When considering Mr. Keough’s unique circumstances, the Reporting Conditions and

   Drug Test Condition do not align with the purposes of supervised release. Instead, they only serve

   to make Mr. Keough a prisoner in a country he no longer calls home. As such, the Court should

   modify Mr. Keough’s supervised release to render him non-reporting and remove the drug testing

   requirement.

          1. The Reporting Conditions Should Be Modified In A Manner That Makes Mr.
             Keough Non-Reporting And Allows Him To Return To El Salvador.

          The Court imposed several “standard” conditions which require Mr. Keough to

   periodically report in some manner to the United States Probation Office. See Judgment 4, ECF

   No. 60. As noted above, the Sentencing Commission has stated that standard conditions are no

   longer “recommended” for supervised release but should be “imposed only when authorized by an

   individualized assessment.” Guideline Amendments, at 31-33 (emphasis added). An

   individualized assessment of Mr. Keough’s special circumstances make the Reporting Conditions

   punitive in a manner that is contrary to the reinforced purposes of supervised release that the

   Guideline Amendments lay out.

          Mr. Keough’s entire life is in El Salvador, where his wife and five children are all residents

   and citizens. PSR 18 ¶ 77, ECF No. 50; Keough Decl. ¶¶ 6-8, 13-14. Indeed, Mr. Keough and his

   family currently have no enduring ties to the United States. See Keough Decl. ¶¶ 6-8, 13-14.

   Requiring Mr. Keough to be confined to Florida is in effect an extension of his prison term when

   he has no family in the United States to assist him with his reentry into civilian life. It is not

   possible for his family to relocate here for the duration of his supervised release. The family has

   no home and owns no property in the United States. See Keough Decl. ¶ 8. It would be both

   unaffordable and extremely disruptive for the family to attempt to relocate here.

          Worse, the Reporting Conditions will keep Mr. Keough from his family when they need



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    him the most. Ana and Mr. Keough’s two youngest children are special needs, suffering from

    various psychosocial and developmental disorders. PSR 18 ¶ 77, ECF No. 50. Mr. Keough’s

    youngest son is currently undergoing treatment for psychiatric disabilities. Id. The younger

    children have been traumatized the most by Mr. Keough’s incarceration, and they desperately need

    reunification with their father. Ana and Mr. Keough are also now the primary care givers for Ana’s

    mother in El Salvador. See Keough Decl. ¶ 10. Keeping Mr. Keough in Florida while his family

    suffers abroad is contrary to the purposes of supervised release, and in fact serves no purpose other

    than to cause Mr. Keough to suffer alone in the United States.

            Moreover, the Reporting Conditions will keep Mr. Keough from meaningfully providing

    for his family. Due to his status as a convicted felon Mr. Keough has extremely limited

    employment prospects in the United States. It will be difficult to support his wife and five children

    on the income he could earn in this country. Mr. Keough was working full time in El Salvador and

    had adequate income to support his family prior to his plea. PSR 20 ¶ 92, 23 ¶ 99, ECF No. 50. He

    will be able to return to his former work should he be allowed to return to El Salvador. See Keough

    Decl. ¶ 12. Confining Mr. Keough to Florida will cause him and his family needless financial

    harm.

            To resolve any doubt, reporting supervision is not necessary in the case of Mr. Keough.

    There are no special conditions for the Probation Office to monitor. See Judgment 5, ECF No. 60;

    see also Egan Decl. ¶ 3 (noting that the Probation Office indicated non-reporting supervision “may

    be appropriate” for Mr. Keough). Nor is there any restitution left to be paid. See PSR 15 ¶ 53, ECF

    No. 50 (noting that, at the time of the PSR’s submission, Mr. Keough was responsible for only

    $77.16 in restitution); Keough Decl. ¶ 15. Considering that monitoring is therefore unneeded in

    the case of Mr. Keough, the Reporting Conditions have no purpose, not even in a rehabilitative




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    sense. See Comm. on the Judiciary, Comprehensive Crime Control Act of 1983, S. Rep. No. 98-

    225, at 54, 124 (1983) (recognizing the primary purpose of supervised release is “to provide

    rehabilitation to a defendant who has spent a fairly short period in prison.”).

           The Court should therefore modify the conditions of Mr. Keough’s supervised release to

    render him non-reporting to the United States Probation Office.

           2. The Drug Test Condition Serves No Purpose And Should Be Terminated.

           The Drug Test Condition is a mandatory condition of supervised release. See Judgment 3,

    ECF No. 60. But courts may modify mandatory aspects of supervised release if an individualized

    assessment so warrants. See United States v. Spinelle, 41 F.3d 1056, 1060 (6th Cir. 1994)

    (recognizing that “the sentencing phase is different than post-sentence modification” and holding

    that a district court may terminate a mandatory term of supervised release because § 3583(e) draws

    no explicit distinction between mandatory and discretionary terms of supervised release).

           Mr. Keough has never abused alcohol, nor experimented with any illicit drugs. See PSR,

    19-20 ¶¶ 86-87, ECF No. 50; Keough Decl. ¶ 4. In fact, while the Court at sentencing ultimately

    imposed the Drug Test Condition, the PSR recommended it be suspended based on the Probation

    Office’s determination that Mr. Keough “pose[d] a low risk of future substance abuse.” PSR 27 ¶

    125, ECF No. 50. The Drug Test Condition accordingly serves no purpose in Mr. Keough’s case.

    This condition should therefore be terminated. 2

                                              CONCLUSION

           Recent Sentencing Guideline amendments refocus the Court’s attention to the need to tailor


    2
      Nevertheless, Mr. Keough has satisfied the Drug Test Condition as dictated by the Court’s
    Judgment. The Judgment required “one drug test within 15 days of release from imprisonment and
    at least two periodic drug tests thereafter, as determined by the court.” Judgment 3, ECF No. 60.
    Mr. Keough submitted to his first drug test upon arrival at a halfway house and has since had two
    drug tests thereafter. Keough Decl. ¶ 3. All tests were negative for the presence of illicit drugs. Id.



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    supervised release to the individual circumstances of each person before it. In Mr. Keough’s case,

    the Reporting Conditions and Drug Test Conditions are punitive and contrary to the renewed

    purposes of supervised release. These conditions are keeping Mr. Keough from his lifeline—his

    family in El Salvador—at a time when the family desperately needs reunification. Seeing that there

    are no outstanding obligations for Mr. Keough to fulfill, the Court should modify the conditions

    of Mr. Keough’s supervised release to render him non-reporting and remove the drug testing

    requirement, thereby allowing him to relocate to El Salvador with his family.



    Dated: July 1, 2025                               FOX ROTHSCHILD LLP



                                                      /s/ Patrick J. Egan
                                                      Patrick J. Egan (Pro Hac Vice pending)
                                                      Ian Comisky
                                                      Two Commerce Square, 2001 Market Street
                                                      Suite 1700
                                                      Philadelphia, PA 19103
                                                      Tel: 215.299.2000
                                                      Fax: 215.299.2150
                                                      pegan@foxrothschild.com
                                                      icomisky@foxrothschild.com
                                                      Attorneys for Defendant
                                                      Gregory Scott Keough




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                            IN THE UNITED STATES DISTRICT COURT
                           FOR THE SOUTHERN DISTRICT OF FLORIDA

                                    CASE NO. 9:23-CR-80154-DMM-1

    UNITED STATES OF AMERICA,

                       Plaintiff,

           v.

    GREGORY SCOTT KEOUGH,

                   Defendant.
    _________________________________

                        DECLARATION OF GREGORY SCOTT KEOUGH

           As provided by 28 U.S.C. § 1746, I, Gregory Scott Keough hereby declare the following:

           1.      I am over eighteen years of age and make this Declaration on the basis of personal

    knowledge.

           2.      In November 2023 I plead guilty to two counts of wire fraud, 18 U.S.C. § 1343,

    and one count of money laundering, 18 U.S.C. 1957(a). I voluntarily reported to prison on or

    around March 25, 2024.

           3.      I was released from prison to a halfway house on May 21, 2025. Upon my release

    from prison, I have been subjected to three drug tests; the first upon my arrival to the halfway

    house, the second in mid-June 2025, and the third on July 1, 2025. I passed all three drug tests.

           4.      I have never abused alcohol, nor experimented with any illicit drugs.

           5.      I am currently under home confinement at a rental property in Wellington, Florida.

           6.      My wife Ana and our five children currently reside in San Salvador, El Salvador. I

    personally have lived in El Salvador intermittently for the last ten years as an authorized legal

    resident.
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Case 9:23-cr-80154-DMM Document 70-1 Entered on FLSD Docket 07/01/2025 Page 15 of 16




                            IN THE UNITED STATES DISTRICT COURT
                           FOR THE SOUTHERN DISTRICT OF FLORIDA

                                    CASE NO. 9:23-CR-80154-DMM-1

    UNITED STATES OF AMERICA,

                       Plaintiff,

           v.

    GREGORY SCOTT KEOUGH,

                   Defendant.
    _________________________________

                           DECLARATION OF PATRICK J. EGAN, ESQ.

         As provided by 28 U.S.C. § 1746, I, Patrick J. Egan, Esq. hereby declare the following:

           1.      I am over eighteen years of age and make this Declaration on the basis of personal

    knowledge.

           2.      I am counsel for Defendant Gregory Scott Keough and applied for admission pro

    hac vice in the above captioned matter. See ECF No. 69. Mr. Keough has authorized me to make

    this Declaration in support of his Motion to Modify Conditions of Supervised Release.

           3.      On June 3, 2025, I contacted Scott T. Kirsche, the Supervisory United States

    Probation Officer assigned to Mr. Keough’s case, to seek the Probation Office’s position on a

    modification to Mr. Keough’s supervised release to render Mr. Keough non-reporting. In response

    to my request, Mr. Kirsche stated that “[the U.S. Probation Office] typically do[es] not recommend

    non-reporting supervision as it becomes impossible to enforce any of the standard and special

    conditions imposed by the court, however, it may be appropriate in this case.”

           4.      Responding to the same request, Katie Sadlo, the Assistant United States Attorney

    assigned to Mr. Keough’s case, informed me that the government would be opposing Mr. Keough’s

    request for a modification of the conditions of his supervised release.
Case 9:23-cr-80154-DMM Document 70-1 Entered on FLSD Docket 07/01/2025 Page 16 of 16




           5.      I attest that the foregoing facts are true and correct to the best of my knowledge,

    information, and belief. I am aware that if any of the foregoing is willfully false I am subject to

    punishment.


           I declare under penalty of perjury that the foregoing is true and correct.




    Executed July 1, 2025                                _____________________________
                                                               Patrick J. Egan, Esq.




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