Sentencing Memorandum and Motion for Downward Variance — USA v. Scoggins et al (Dkt. 33)
Summary
A Sentencing Memorandum and Motion for Downward Variance filed for Jennifer Corinne Scoggins in United States v. Jennifer Corinne Scoggins, No. 5:23-cr-87-MHH-HNJ, in the U.S. District Court for the Northern District of Alabama, filed 04/18/24 as Document 33 by Assistant Federal Public Defender Courtney Murtha. It states the guidelines range is 21 to 27 months and asks for a sentence of no more than 12 months and one day under 18 U.S.C. § 3553(a). The memorandum acknowledges that the defendant and her husband submitted fraudulent PPP loan applications and used the funds for personal and family expenses, and cites the lack of any prior criminal conviction, conduct on bond, personal history and loss of employment after the plea. It asks that, if both spouses receive custodial sentences, the defendant serve first and the husband receive an extended reporting date.
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“Sentencing Memorandum and Motion for Downward Variance — USA v. Scoggins et al (Dkt. 33).”
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Case 5:23-cr-00087-MHH-HNJ Document 33 Filed 04/18/24 Page 1 of 6 FILED
2024 Apr-18 AM 09:42
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
UNITED STATES OF AMERICA )
)
v. ) No. 5:23-cr-87-MHH-HNJ
)
JENNIFER CORINNE SCOGGINS )
SENTENCING MEMORANDUM AND
MOTION FOR DOWNWARD VARIANCE
Ms. Jennifer Scoggins, through counsel, submits this sentencing memorandum and motion
for a downward variance for the Court’s consideration. Ms. Scoggins’ guidelines range is 21 to 27
months. For the reasons that follow, Ms. Scoggins respectfully submits that a sentence of no more
than 12 months and one day is sufficient, but not greater than necessary, to achieve the purposes of
sentencing in this case.
BACKGROUND
Childhood was anything but a carefree experience for Ms. Scoggins. Her father, David, was
absent from her life for most of her childhood, having separated from her mother when Ms. Scoggins
was just a year old. Her mother, Rhonda, retained custody of Ms. Scoggins and her two sisters, Kristy
and Tabetha, after their father left, but struggled to care for them due to her own severe mental health
issues. As a result, Ms. Scoggins was shuffled between different family members throughout the first
thirteen years of her life, never really having a steady place to call “home.” (See Exh. A, attached, letter
from Kristy Mercier).
Though she stayed most frequently with her grandmother, Gale, Ms. Scoggins was often under
the care and supervision of her mother’s sisters. Unfortunately, she found no solace or comfort in
her aunts’ company, only criticism, degradation, and pain. (Id.; see also PSR ¶ 49). The abuse, both
physical and emotional, that she suffered at the hands of her aunts went on for years and had a
profound impact on her. Ms. Scoggins’ older sister, Kristy, describes her as a quiet, grief-stricken
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child who struggled to communicate and connect with others due to her near-constant and
overwhelming fears and worries. (Exh. A).
When the abuse finally came to light, Ms. Scoggins was sent to live with her father and his
new family in Tuscaloosa. Though her father was able to provide a more stable home life than she’d
experienced to that point, the initial adjustment was difficult for Ms. Scoggins. Moving to a new city
and integrating into a new family dynamic was frightening and stressful, especially given the limited
contact Ms. Scoggins had had with her father up to that point in her life. She also continued to struggle
with lasting anxiety and depression, issues that continue to plague her to this day.
In her early 20s, Ms. Scoggins married her husband, John, and began trying to start a family
of her own. Becoming a mother was deeply important to Ms. Scoggins, but for the first several years
of their marriage, she and her husband struggled with infertility and were unable to conceive. The
repeated cycle of hope and disappointment during that time was extremely painful for Ms. Scoggins,
but it made the joy of finally becoming pregnant, first with her oldest daughter, S.S., and a few years
later with her younger daughter, K.S., all the more precious.
From the moment they were born, Ms. Scoggins has been devoted to her daughters’ happiness
and wellbeing. Having lacked a strong and loving bond with her own mother, Ms. Scoggins has always
been determined to provide a safe, stable, and nurturing home life for her children. (See Exh. A
(describing Ms. Scoggins’ relationship with her daughters as “deeply attached and loving”); see also
Exh. B, attached, letter from Madison DeCoux (describing Ms. Scoggins, who is her aunt, as “one of
the best [mothers] I’ve ever met”); Exh. C, attached, letter from Tabetha Ruby (describing Ms.
Scoggins as “a dedicated mother” who has “a love for family that [is] never wavering”)). Ms. Scoggins
has also extended that love and devotion to other children in her life, serving as a foster parent for
several years, and taking in her two nieces when her younger sister, Tabetha, fell on hard times. (See
Exhs. A, B & C).
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Those closest to Ms. Scoggins describe her as a deeply compassionate person, with a generous
heart and an unfailingly positive outlook. Her older sister, Kristy, describes Ms. Scoggins as someone
who “sees the world through a unique lens, always striving to understand others and refusing to focus
on their flaws,” and whose “ability to empathize and withhold judgment is truly remarkable.” (Exh.
A). Her niece, Madison, notes that Ms. Scoggins has been a strong role model for her throughout her
life “because of her soul and her heart,” and has always provided a safe place to land when her own
mother was struggling. (Exh. B).
Even her most recent employer took special note of Ms. Scoggins’ giving nature. (See Exh. D,
attached, letter from Amanda Brown). From May to November 2023, Ms. Scoggins worked as a
certified nursing assistant (CNA) at South Hampton Nursing and Rehabilitation Center, assisting
nursing staff in caring for elderly patients and individuals recovering from injury or illness. Her
supervisor, Amanda Brown, describes Ms. Scoggins as “an exemplary employee in every sense of the
word”—someone who “consistently went above and beyond, not only for the company but also for
the well-being of the residents.” (Id.). Ms. Brown further notes that Ms. Scoggins “is a shy and gentle
soul, whose honest compassion and care for the residents were truly indescribable,” and who
demonstrated “nothing but kindness, hard work, mentorship, faith, love for her children, and
friendship towards everyone she encountered” during her time at South Hampton. (Id.).
Ms. Scoggins found great fulfillment in serving others as a CNA and was disappointed when
her involvement in the instant case ultimately led to her termination. (See id.; see also Exh A). She has
continued to seek solace in giving back to her community since leaving South Hampton by
volunteering and participating in various programs through her church. Helping others has helped
Ms. Scoggins to find peace within herself. It is her sincere hope that she will have the opportunity to
put her experiences to good use and continue on a path of service to others.
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Case 5:23-cr-00087-MHH-HNJ Document 33 Filed 04/18/24 Page 4 of 6
ARGUMENT
A sentence of no more than 12 months and one day is sufficient, but not greater than
necessary, to achieve the goals of sentencing in this case. Specifically, such a sentence would
adequately account for the nature, circumstances, and seriousness of the offense, and the need to
provide just punishment, while also taking into consideration Ms. Scoggins’ personal history,
characteristics, and family circumstances. 18 U.S.C. § 3553(a)(1), (2)(A).
During the COVID-19 pandemic, Ms. Scoggins and her husband submitted several fraudulent
small business loan applications through the Small Business Administration’s Paycheck Protection
Program and used the funds they received for personal and family expenses. Ms. Scoggins
understands the gravity of their actions and accepts full responsibility for her choices. She has long
suffered from deep-seated and persistent feelings of anxiety, worry, and fear stemming from the abuse
and instability she experienced during her childhood. The onset of the pandemic greatly exacerbated
those anxieties, and Ms. Scoggins became deeply afraid and desperate to secure the safety and
wellbeing of her family through those uncertain times. While Ms. Scoggins’ fears in no way serve to
excuse her actions, they do help to explain why someone who had always been “a rule follower” would
act in a way so inconsistent with her character. (See Exh. A).
Prior to the instant case, Ms. Scoggins had never sustained a criminal conviction of any kind,
nor had she ever been arrested for a criminal offense. Her conviction in this case will make her a
felon. She will face a number of collateral consequences as a result of that status, including some she
has already begun to experience. After entering her guilty plea in this case in November 2023, Ms.
Scoggins’ CNA license was suspended and, as a result, she was let go from her job at South Hampton.
Though expected, the loss of that career opportunity was disappointing for Ms. Scoggins, as she took
great pride in her work and found comfort in caring for others. Because of her conviction in this case,
however, it is unlikely Ms. Scoggins will be able to return to a position in the medical field. Her
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opportunities in other fields will likewise be more limited than those available to non-felons, and Ms.
Scoggins will have to contend with such limitations for the rest of her life. Despite those difficulties,
Ms. Scoggins maintains a positive outlook for her future. Her time on bond in this case has prompted
her to reflect on the decisions and experiences that led her here and to find new purpose in her life.
A sentence of no more than 12 months and one day would appropriately reflect the seriousness of
Ms. Scoggins’ offense conduct, the circumstances that motivated her poor decisionmaking, her lack
of prior criminal history, and her demonstrated ability to conform her conduct to the law while on
bond. See 18 U.S.C. § 3553(a)(1), (2)(A)-(C).
Ms. Scoggins’ is deeply remorseful for the poor choices she made in this case. She especially
regrets the impact that her and her husband’s actions have had and will continue to have on their two
daughters. Having felt abandoned by her own mother throughout her childhood, nothing has been
more difficult for Ms. Scoggins than knowing that her bad decisions may soon cause her children to
experience those same feelings. Throughout these proceedings, her primary focus and concern has
been minimizing any possible disruption to her daughters’ lives and preparing them for the possible
outcomes. Should both she and her husband receive custodial sentences, Ms. Scoggins requests that
she be permitted to serve her term of incarceration first and that her husband be given an extended
reporting date, so that their daughters will not have to experience the upheaval of being shuffled
between relatives’ homes or into the foster care system.
CONCLUSION
Ms. Scoggins stands ready to face the consequences of her actions in this case. For the reasons
outlined above, she humbly submits that a sentence of no more than 12 months and one day is
sufficient to account for the nature, circumstances, and seriousness of her crimes, while also taking
into consideration her personal history and characteristics and family circumstances.
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Respectfully submitted,
KEVIN L. BUTLER
Federal Public Defender
Northern District of Alabama
/s/ Courtney Murtha
COURTNEY MURTHA
Assistant Federal Public Defender
505 20th Street North, Suite 1425
Birmingham, Alabama 35203
(205) 208-7170
courtney_murtha@fd.org
CERTIFICATE OF SERVICE
I hereby certify that on April 18, 2024, I electronically filed the foregoing via this Court’s
CM/ECF system, which will send notice of such filing to all counsel of record.
Respectfully submitted,
/s/ Courtney Murtha
COURTNEY MURTHA
Assistant Federal Public Defender
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