UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES OF AMERICA v. RICKEY L. BRIGHT ) ) ) ) ) 3:11-CR-17-001 JUDGE VARLAN SENTENCING MEMORANDUM Comes the Defendant, Rickey Louis Bright, by and through counsel, and hereby submits his Sentencing Memorandum to the Court. In light of the extensive cooperation and substantial assistance of Mr. Bright, he requests that the Court sentence him at the lower end of the guideline range established for his offenses, and to consider a reduction of his sentence through the Court's power to depart downward from the advisory Federal Sentencing Guidelines. RICKEY BRIGHT Rickey Louis Bright was born in Knoxville, Tennessee on August 7, 1956. His mother was Barbara Bright, and he never knew his father. Mr. Bright's mother raised him until she passed away when he was 12 years old. After his mother passed away, Mr. Bright was raised by his grandmother, Allie Bright, with some help from his uncle, William Bright, who is now deceased. Mr. Bright has one sister, Susan Bright, who he has never met and has no contact with. Mr. Bright is married to Kyung Lee Bright, and has an 8-year-old child from the marriage. Mr. Bright has two older children from a previous relationship: Jeremy Bright, age 23, who is currently in the military in Germany, and Nathan Bright, age 21, who Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 1 of 5 PageID #: 27 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES OF AMERICA v. RICKEY L. BRIGHT ) ) ) ) ) 3:11-CR-17-001 JUDGE VARLAN SENTENCING MEMORANDUM Comes the Defendant, Rickey Louis Bright, by and through counsel, and hereby submits his Sentencing Memorandum to the Court. In light of the extensive cooperation and substantial assistance of Mr. Bright, he requests that the Court sentence him at the lower end of the guideline range established for his offenses, and to consider a reduction of his sentence through the Court's power to depart downward from the advisory Federal Sentencing Guidelines. RICKEY BRIGHT Rickey Louis Bright was born in Knoxville, Tennessee on August 7, 1956. His mother was Barbara Bright, and he never knew his father. Mr. Bright's mother raised him until she passed away when he was 12 years old. After his mother passed away, Mr. Bright was raised by his grandmother, Allie Bright, with some help from his uncle, William Bright, who is now deceased. Mr. Bright has one sister, Susan Bright, who he has never met and has no contact with. Mr. Bright is married to Kyung Lee Bright, and has an 8-year-old child from the marriage. Mr. Bright has two older children from a previous relationship: Jeremy Bright, age 23, who is currently in the military in Germany, and Nathan Bright, age 21, who Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 1 of 5 PageID #: 27 currently resides in Knoxville, Tennessee. Mr. Bright also has a step-child from his wife's previous relationship: Jason Bruner, age 21, who lives in Knoxville, Tennessee. Mr. Bright also had a second step-child, James Bruner, who passed away approximately eight months ago at the age of 25. Mr. Bright graduated from Sullivan County High School in Blountville, Tennessee on May 30, 1975. Upon graduating from high school, he attended the University of Tennessee for approximately one year. Since December 8, 2010, Mr. Bright has been employed by Modern Plumbing in Winter Springs, Florida. He works in the capacity of a Senior Estimator, and his employment records note his performance as favorable. Prior to his employment at Modern Plumbing, Mr. Bright was employed at Watts Mechanical in Calgary, Canada as a Senior Project Manager and Senior Estimator from October 6, 2008 to November 23, 2010. Prior to his employment with Modern Plumbing, Mr. Bright was employed at Shoffner Mechanical Industrial & Service Company, Inc. in Knoxville, Tennessee. SUBSTANTIAL ASSISTANCE Mr. Bright has accepted responsibility, self-surrendered, and has assisted the US government from the time he was contacted by authorities. Mr. Bright conducted a debriefing with Internal Revenue Service Special Agent Richard T. Nelson. During this debriefing, Mr. Bright was forthright with providing information to understand and identify the specifics of the crime and the other individual involved, Mr. Robert L. Greeley, Jr. Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 2 of 5 PageID #: 28 currently resides in Knoxville, Tennessee. Mr. Bright also has a step-child from his wife's previous relationship: Jason Bruner, age 21, who lives in Knoxville, Tennessee. Mr. Bright also had a second step-child, James Bruner, who passed away approximately eight months ago at the age of 25. Mr. Bright graduated from Sullivan County High School in Blountville, Tennessee on May 30, 1975. Upon graduating from high school, he attended the University of Tennessee for approximately one year. Since December 8, 2010, Mr. Bright has been employed by Modern Plumbing in Winter Springs, Florida. He works in the capacity of a Senior Estimator, and his employment records note his performance as favorable. Prior to his employment at Modern Plumbing, Mr. Bright was employed at Watts Mechanical in Calgary, Canada as a Senior Project Manager and Senior Estimator from October 6, 2008 to November 23, 2010. Prior to his employment with Modern Plumbing, Mr. Bright was employed at Shoffner Mechanical Industrial & Service Company, Inc. in Knoxville, Tennessee. SUBSTANTIAL ASSISTANCE Mr. Bright has accepted responsibility, self-surrendered, and has assisted the US government from the time he was contacted by authorities. Mr. Bright conducted a debriefing with Internal Revenue Service Special Agent Richard T. Nelson. During this debriefing, Mr. Bright was forthright with providing information to understand and identify the specifics of the crime and the other individual involved, Mr. Robert L. Greeley, Jr. Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 2 of 5 PageID #: 28 Mr. Bright respectfully requests to be given credit where credit is due, and to receive a sentence below the Federal Guidelines. As reflected in the Presentence Investigation Report, Mr. Bright has no prior criminal history and sits with a criminal history category of I. Mr. Bright is facing criminal charges in Knox County for the same conduct. BOOT CAMP AND/OR SPLIT CONFINEMENT Mr. Bright may be an appropriate candidate for "boot camp" within the Bureau of Prisons, through direct Court admission. Mr. Bright should be classified as a minimum security risk and has no medical restrictions that would prevent him from participating. As reflected in the Presentence Investigation Report, Mr. Bright has no prior criminal history, and sits with a criminal history category of I under the Sentencing Guidelines. Mr. Bright faces the possibility of a statutory maximum term of imprisonment of 20 years or more. Mr. Bright's Presentence Investigation Report places him at a level 24 Adjusted Offense Level, reduced to a Total Offense Level of 21, based on Mr. Bright's Acceptance of Responsibility. Based on the Plea Agreement and Mr. Bright's range of Level 21 as a category I offender, Mr. Bright asks that the Court apply all available downward departures and sentence Mr. Bright at the lower end of the range. As contemplated in the plea agreement, Mr. Bright is facing a sentence of thirty-seven (37) to forty-six (46) months. Mr. Bright asks the Court to use its power to depart from the standard sentence above and to go much lower than the suggested range and to impose a sentence as low as the Court considers justified under all the underlying circumstances. Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 3 of 5 PageID #: 29 Mr. Bright respectfully requests to be given credit where credit is due, and to receive a sentence below the Federal Guidelines. As reflected in the Presentence Investigation Report, Mr. Bright has no prior criminal history and sits with a criminal history category of I. Mr. Bright is facing criminal charges in Knox County for the same conduct. BOOT CAMP AND/OR SPLIT CONFINEMENT Mr. Bright may be an appropriate candidate for "boot camp" within the Bureau of Prisons, through direct Court admission. Mr. Bright should be classified as a minimum security risk and has no medical restrictions that would prevent him from participating. As reflected in the Presentence Investigation Report, Mr. Bright has no prior criminal history, and sits with a criminal history category of I under the Sentencing Guidelines. Mr. Bright faces the possibility of a statutory maximum term of imprisonment of 20 years or more. Mr. Bright's Presentence Investigation Report places him at a level 24 Adjusted Offense Level, reduced to a Total Offense Level of 21, based on Mr. Bright's Acceptance of Responsibility. Based on the Plea Agreement and Mr. Bright's range of Level 21 as a category I offender, Mr. Bright asks that the Court apply all available downward departures and sentence Mr. Bright at the lower end of the range. As contemplated in the plea agreement, Mr. Bright is facing a sentence of thirty-seven (37) to forty-six (46) months. Mr. Bright asks the Court to use its power to depart from the standard sentence above and to go much lower than the suggested range and to impose a sentence as low as the Court considers justified under all the underlying circumstances. Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 3 of 5 PageID #: 29 As such, Mr. Bright would ask that the Court consider placement in "boot camp" within the Mid-Atlantic Region, close to his family and minor child (preferably available facilities in Kentucky), or split confinement with imprisonment in a low-security facility such as FCI Manchester followed by home detention. ADDITIONAL INFORMATION Mr. Bright paid $329,000.00 to the victim in this case prior to charges being filed in this matter. Mr. Bright also entered into a civil settlement agreement in June of 2009 for the amount of $687,270.02. Since that agreement was reached, Mr. Bright has paid approximately $23,000.00 in restitution payments. To date, Mr. Bright has paid approximately $355,000.00 in restitution, and he continues to make regular restitution payments monthly. Thus, Mr. Bright has paid all but $332,270.00 of his agreed upon amount of $687,270.02, which represents a payment of restitution to his victim of over 51% of the amount owed and assessed to him in the civil settlement. Allowing Mr. Bright to maintain his employment will allow him to continue to pay restitution at the agreed upon rate, thus putting the victim in the best position possible under the circumstances. Additionally, there is a large sentencing disparity between Mr. Bright and the other individual involved in the crime. Mr. Greeley was solely charged in state court, and received a sentence of diversion. His criminal conduct was almost as great, if not greater than that of Mr. Bright, because he acted as a conduit for the money and had control of the money for a large portion of the time. Of additional note is that despite an agreement Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 4 of 5 PageID #: 30 As such, Mr. Bright would ask that the Court consider placement in "boot camp" within the Mid-Atlantic Region, close to his family and minor child (preferably available facilities in Kentucky), or split confinement with imprisonment in a low-security facility such as FCI Manchester followed by home detention. ADDITIONAL INFORMATION Mr. Bright paid $329,000.00 to the victim in this case prior to charges being filed in this matter. Mr. Bright also entered into a civil settlement agreement in June of 2009 for the amount of $687,270.02. Since that agreement was reached, Mr. Bright has paid approximately $23,000.00 in restitution payments. To date, Mr. Bright has paid approximately $355,000.00 in restitution, and he continues to make regular restitution payments monthly. Thus, Mr. Bright has paid all but $332,270.00 of his agreed upon amount of $687,270.02, which represents a payment of restitution to his victim of over 51% of the amount owed and assessed to him in the civil settlement. Allowing Mr. Bright to maintain his employment will allow him to continue to pay restitution at the agreed upon rate, thus putting the victim in the best position possible under the circumstances. Additionally, there is a large sentencing disparity between Mr. Bright and the other individual involved in the crime. Mr. Greeley was solely charged in state court, and received a sentence of diversion. His criminal conduct was almost as great, if not greater than that of Mr. Bright, because he acted as a conduit for the money and had control of the money for a large portion of the time. Of additional note is that despite an agreement Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 4 of 5 PageID #: 30 to repay, the federally uncharged co-conspirator, Mr. Greeley, has filed bankruptcy and is not living up to his obligations. WHEREFORE, in consideration of the aforementioned Sentencing Memorandum, and the record as a whole, Mr. Bright asks this Court for leniency in sentencing. Respectfully submitted this 9th day of September, 2011. s/ T. Scott Jones ___________ T. Scott Jones BPR # 014628 Banks & Jones Attorney for Rickey Bright 2125 Middlebrook Pike Knoxville TN 37921 (865) 546-2141 CERTIFICATE OF SERVICE This the 9th Day of September, 2011, I, T. Scott Jones, hereby certify that I have filed this document electronically for service upon all linked parties. s/ T. Scott Jones Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 5 of 5 PageID #: 31 to repay, the federally uncharged co-conspirator, Mr. Greeley, has filed bankruptcy and is not living up to his obligations. WHEREFORE, in consideration of the aforementioned Sentencing Memorandum, and the record as a whole, Mr. Bright asks this Court for leniency in sentencing. Respectfully submitted this 9th day of September, 2011. s/ T. Scott Jones ___________ T. Scott Jones BPR # 014628 Banks & Jones Attorney for Rickey Bright 2125 Middlebrook Pike Knoxville TN 37921 (865) 546-2141 CERTIFICATE OF SERVICE This the 9th Day of September, 2011, I, T. Scott Jones, hereby certify that I have filed this document electronically for service upon all linked parties. s/ T. Scott Jones Case 3:11-cr-00017 Document 9 Filed 09/09/11 Page 5 of 5 PageID #: 31