govinfo:USCOURTS-laed-2_12-cr-00314-0

UNITED STATES DISTRICT COURT 
 EASTERN DISTRICT OF LOUISIANA 
 
UNITED STATES CRIMINAL ACTION 
VERSUS NO. 12-314 
 
MYLES FITZGERALD GUIDRY SECTION: “G” 
 
 ORDER AND REASONS 
 
 Pending before the Court is Myles Fitzgerald Guidry’s (“Guidry”) Unopposed Motion for 
Early Termination of Supervised Release. 1 On January 10, 2013, Defendant Myles Fitzgerald 
Guidry pled guilty to Count One of the Bill of Information charging him with receipt of child 
pornography in violation of 18 U.S.C. §§ 2252(a)(2) and 2252(b)(1).2 On April 18, 2013, the Court 
sentenced Guidry to a term of imprisonment of 108 months, to be followed by a term of supervised 
release of life. 3 On January 21, 2015, the Court granted the government’s Rule 35 motion and 
reduced the term of imprisonment to a term of 64 months, to be followed by a term of supervised 
release of life.4 On May 11, 2017, Guidry was released to a residential re-entry center. On July 7, 
2017, Guidry’s term of supervised release began in the Western District of Louisiana , where 
Guidry resides. 
In the instant motion , Guidry requests that this Court enter an Order terminating his 
 
1 Rec. Doc. 60. 
2 Rec. Doc. 25. 
3 Rec. Doc. 40. 
4 Rec. Doc. 57. 

supervised release.5 Guidry asserts that he has demonstrated accountability , responsibility, and 
meaningful personal growth by participating in the Western District of Louisiana Substance Abuse 
Program for many years.6 
In support of his request, Guidry presents a letter from his former substance abuse 
counselor, Mary “Tootie” Landry, which states: “Guidry has participated actively in Group therapy 
and has attended enormous amounts of Group sessions not required by the Probation Officer. . . . 
Guidry has been fully compliant with his drug tests and has had no further encounters with law 
enforcement. . . . I believe [] Guidry is fully rehabilitated.”7 Guidry presents a letter from another 
substance abuse counselor, Brittany Breaux, who states since 2019 Guidry “has attended 89 Group 
Sessions . . . [where] he has worked on unresolved issues of his past, appears to have a healthier 
way of thinking, and appears motivated to stay clean and sober.” 8 Guidry also presents a letter 
from counselor Richard M. Burleigh, who confirms that Guidry engaged in long-term substance 
abuse treatment with Acadiana Counseling Connection from August 23, 2017 through July 27, 
2021. Burleigh opines that “Guidry demonstrated a remarkable commitment to personal growth 
and rehabilitation.” 9 
Guidry asserts that these letters provide compelling evidence that he has remained sober, 
law-abiding, and fully engaged with rehabilitative efforts. 10 Accordingly, Guidry asserts that the 
 
5 Rec Doc. 60-2. 
6 Id. at 3. 
7 Rec. Doc. 60-4. 
8 Rec. Doc. 60-5. 
9 Id. 
10 Rec Doc. 60-2 at 5. 

record supports early termination of supervised release.11 
Pursuant to 18 U.S.C. § 3583(e)(1) , a court may “terminate a term of supervised release 
and discharge the defendant released at any time after the expiration of one year of supervised 
release . . . if it is satisfied that such action is warranted by the conduct of the defendant released 
and the interest of justice,” after considering the factors set forth in 18 U.S.C. § 3553(a). Among 
the factors a court must weigh are the nature of the offense, the history and characteristics of the 
defendant, the need for the sentence to deter criminal activity, the need to protect the public, the 
need to provide the defendant with educational or vocational training, and the kinds of sentences 
and sentencing ranges available. 12 Section 3583(e)(1) provides courts with broad discretion in 
determining whether to terminate supervised release.13 
 Guidry’s term of supervised release began on July 7, 2017, almost nine years ago. Guidry 
has been compliant with the terms and conditions of supervised release, and the progress he has 
made is commendable. Nevertheless, compliance alone is not sufficient grounds for termination 
of supervised release. Guidry was convicted of serious criminal behavior . As set forth in the 
presentence investigation report, the conviction carried a mandatory term of at least five years of 
supervised release and up to life. 14 Guidry presents evidence to show that he has undergone 
extensive treatment for substance abuse. Guidry was convicted of receipt of child pornography, 
and the Court ordered that he participate in sex offender treatment as a condition of his supervised 
release. Guidry has not provided any information on his participation or progress in sex offender 
 
11 Id. at 6. 
12 See 18 U.S.C. § 3553(a). 
13 See United States v. Jeanes, 150 F.3d 483, 484 (5th Cir. 1998). 
14 Rec. Doc. 35 at 13. 

treatment. Therefore, Guidry has not demonstrated that it would be appropriate to terminate 
supervised release at this time. 15 However, the Court may be inclined to reconsider the issue in 
one year, upon filing of a motion, if Guidry can demonstrate successful completion of a sex 
offender treatment program. 
Accordingly, 
IT IS HEREBY ORDERED that Myles Fitzgerald Guidry’s Unopposed Motion for Early 
Termination of Supervised Release16 is DENIED. 
NEW ORLEANS, LOUISIANA, this ____ day of May, 2026. 
_________________________________ 
NANNETTE JOLIVETTE BROWN 
UNITED STATES DISTRICT JUDGE 
15 See Fed. R. Crim. P. 21.1(c)(2)(B) (hearing is not required where the relief sought is favorable to the person 
and does not extend the term of probation or supervised release). 
16 Rec. Doc. 60. 
29th

Passage view · GavelSight