U.S. Department of Justice
United States Attorney
District of Idaho
District of Idaho
For Immediate Release
November 14, 2011
Wendy J. Olson, United States Attorney
Contact:Pamela Bearg, Public Information Officer
Caldwell Man Sentenced for Illegally Possessing Several Firearms
BOISE – David Len Scruggs, 50, of Caldwell, Idaho, was sentenced in federal court in Boise today to 30 months in prison followed by three years of supervised release for unlawful possession of a firearm and possession of an unregistered firearm, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Scruggs to forfeit the firearms and any explosive devices he illegally possessed, with the exception of a family heirloom firearm and a firearm made in Idaho, which was not transacted in interstate commerce. Scruggs pleaded guilty to the charge on August 10, 2011.
According to the plea agreement, on October 13,2010, Idaho State Police executed a search warrant of Scruggs’ residence in Caldwell, Idaho. Police recovered 12 firearms, including a 20-gauge single shot shotgun with an overall length less than 26 inches, three suspected lEDs, and 24 blasting caps. Recovered firearms include a Hipoint 9 millimeter handgun; a Rossi M68 .38 caliber handgun; an F.I.E. .22 caliber handgun,; a Hipoint 995 9 millimeter rifle; a Romarm GP WASR 10/63 rifle; a Ruger 10-22 .22 caliber rifle; a Winchester 37, 20-gauge shotgun, which was not registered in the National Firearms Registration and Transfer Record; a Winchester Super X3 12-gauge shotgun; a Marlin 917V .17 caliber rifle; a Chinese-made SKS assault rifle; a Winchester 1200 12-gauge shotgun; and a Mossberg, 550 12-gauge shotgun. Scruggs was interviewed by police and admitted to possessing the firearms at his Caldwell residence. Because Scruggs had previously been convicted of a felony punishable by a term of imprisonment exceeding one year, he was prohibited from possessing firearms. On October 25, 1991, Scruggs was convicted in Canyon County, Idaho, of possession of marijuana with intent to deliver.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Idaho State Police. Scruggs was prosecuted as part of Idaho's Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
U.S. Attorney Olson particularly commended the collaboration of the Idaho State Police on this case.
Every case of a convicted felon in possession of firearms will be vigorously prosecuted in federal court, said Olson.
t should be emphasized that persons convicted in the state of Idaho of certain enumerated felony offenses – including the manufacture, delivery or possession of controlled substances – do not have their right to possess firearms automatically restored upon completion of their sentences and final discharge; they remain convicted felons and are prohibited from possessing firearms unless and until their rights have been restored under Idaho Code 18-310.