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11-60564IN THEUNITED STATES COURT OF APPEALSFOR THE FIFTH CIRCUITUNITED STATES OF AMERICA,Plaintiff-Appellee,v.DAVID SCRUGGS,Defendant-Appellant.Appeal from the United States Districtfor the Northern District of Mississippi____________________________BRIEF FOR APPELLANT____________________________Edward D. Robertson, Jr. Mike Moore, MB#3452Michael C. Rader, MB#100205 David Lee Martin, MB#9982BARTIMUS FRICKLETON MIKE MOORE LAW FIRM, LLCROBERTSON & GORNY 10 Canebrake Blvd., Suite 150715 Swifts Highway Flowood, MS 39232Jefferson City, MO 65109 601-933-0070chiprob@earthlink.netmm@mikemoorelawfirm.commrader@bflawfirm.comlm@mikemoorelawfirm.com573-659-4454573-659-4460 (fax) Christopher T. Robertson, MB#102646ATTORNEY AT LAW6342 N Via Lomas de PalomaTucson, AZ 85718christophertrobertson@gmail.com
Case: 11-60564 Document: 00511691088 Page: 1 Date Filed: 12/09/2011
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CERTIFICATE OF INTERESTED PERSONS
The undersigned counsel of record certifies that the following is a complete listof persons and non-governmental entities which have an interest in the outcome of thiscase as described in the fourth sentence of United States Court of Appeals for the FifthCircuit Rule 28.2.1. Opposing counsel is not listed as required by the Rule because theUnited States is represented by the United States Attorney for the Northern District of Mississippi and her assistants. These representations are made in order that the judgesof this court may evaluate possible disqualification or recusal.
David Zachary Scruggs: Defendant-Appellant /s/ Edward D. Robertson, Jr.Edward D. Robertson, Jr.,Mo. Bar No. 27183
Case: 11-60564 Document: 00511691088 Page: 2 Date Filed: 12/09/2011
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REQUEST FOR ORAL ARGUMENT
Appellant requests that this Court grant oral argument to permit the fullestpossible presentation of the questions presented. Appellant’s case is the first, or amongthe first, case to bring to this Court (or any of its sister Courts of Appeals) the questionwhether a conviction based upon conduct that was not criminal in light of
Skilling v.United States
, 130 S. Ct. 2896, 2931-32 (2010), should be vacated under
Bousley v.United States,
523 U.S. 614, 624 (1998) (conviction for “an act that the law does notmake criminal” is a miscarriage of justice justifying collateral relief);
Davis v. United States,
417 U.S. 333, 346 (1974) (“There can be no room for doubt that such acircumstance ‘inherently results in a complete miscarriage of justice’ and ‘present(s)exceptional circumstances' that justify collateral relief under §2255”).Appellant further requests that this Court allot thirty minutes per side for oralargument, or such other schedule as the Court anticipates will be sufficient to allow athorough airing of these issues.
Case: 11-60564 Document: 00511691088 Page: 3 Date Filed: 12/09/2011
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Zach Scruggs and his attorney, former MS AG Mike Moore, beg the 5th to undo guilty plea
Kings of Tort, Zach Scruggs, Dickie Scruggs, Tim Balducci, Mike Moore,
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