Douglas Smith Downward Departure

Case 4:05-cr-00040-Y Document 24 Filed 08/18/05 Page 1 of 4 PageID 60
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
__________________________________
UNITED STATES OF AMERICA §

§
v. § NO. 4:05-CR-040-Y(01)
§
DOUGLAS SOVEREIGN SMITH, JR. §
GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE
The United States presents this unopposed Government’s Motion for Downward
Departure, pursuant to U.S.S.G. § 5K1.1, requesting that the Court depart from the
advisory guideline range based on the substantial assistance provided to the government
by the defendant, Douglas Sovereign Smith, Jr.
I.
This request is based on the defendant’s substantial assistance in the investigation
and subsequent prosecution of a child pornography trafficking suspect, Richard Reichert,
of Pittsburgh, Pennsylvania. A federal Criminal Complaint was filed against Mr.
Reichert on March 30, 2005, in the Western District of Pennsylvania, and is still pending,
as Mr. Reichert has waived his right to be indicted by a grand jury within 30 days.
II.
The defendant, Douglas Sovereign Smith, Jr., pled guilty to a one count
Information filed on March 21, 2005, charging him with Receipt and Distribution of
Child Pornography, in violation of 18 U.S.C. §§ 2252(a)(2)(A) & (b)(1), and 3583(k).
Government's Motion for Departure - Page 1

The defendant was released on conditions set by the United States Magistrate Judge
pending sentencing on September 26, 2005.
III.
The investigation of the defendant, Douglas Sovereign Smith, Jr., was conducted
by Special Agent Jim Pokorney, Immigration and Customs Enforcement. On February
28, 2005, S.A. Pokorney debriefed the defendant regarding his own criminal activities,
and his knowledge of criminal activities committed by others. The defendant provided
detailed information about methods in which he would send and receive child
pornography over the internet to and from members of his AOL subscriber “buddy list.”
The defendant identified one of the members of his “buddy list” as Richard
Reichert, a man residing in Pittsburgh, Pennsylvania, who had recently sent him a CD,
through the mail, containing child pornography. The defendant allowed federal agents to
assume his identity on the internet in order to communicate with Mr. Reichert. As a
result of several days of internet communications, Mr. Reichert agreed to take delivery of
three graphically described VHS tapes containing child pornography.
On March 29, 2005, a controlled delivery of the three VHS tapes containing child
pornography was accomplished at Mr. Reichert’s home in Pittsburgh. Later that day,
Federal Agents executed a search warrant at Mr. Reichert’s home, and found the three
VHS tapes which had been opened and hidden from view on a shelf. Federal Agents
seized Mr. Reichert’s home computer and are awaiting the completion of a forensic
analysis.

The United States intends to prosecute Mr. Reichert for receipt of child
pornography through the mail, among other possible charges. The prosecution of Mr.
Reichert would not have been possible, but for the information learned from the
defendant, and his cooperation with Federal Agents, thereafter, amounting to substantial
assistance.
Respectfully submitted,
RICHARD B. ROPER
UNITED STATES ATTORNEY
S/Bret Helmer
BRET HELMER
Assistant United States Attorney
State Bar of Texas No. 00793931
Burnett Plaza, Suite 1700
801 Cherry Street, Unit #4
Fort Worth, Texas 76102
Telephone: 817.252.5200
Facsimile: 817.978.3094
bret.helmer@usdoj.gov

CERTIFICATE OF CONFERENCE
On August 8, 2005, I spoke with counsel for the defendant, Jack Strickland, and he
agrees to the granting of this motion .
s/ Bret Helmer
BRET HELMER
CERTIFICATE OF SERVICE
I hereby certify that on August 18, 2005, I electronically filed the foregoing
document with the clerk for the U.S. District Court, Northern District of Texas, using the
electronic case filing system of the court. The electronic case filing system sent a “Notice
of Electronic Filing” to the following attorneys of record who have consented in writing
to accept this Notice as service of this document by electronic means: Jack Strickland.
s/ Bret Helmer
BRET HELMER

Douglas Smith Downward Departure

Uploaded by

Copyright:

Available Formats

Douglas Smith Downward Departure

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Douglas Smith Downward Departure

Uploaded by

Copyright:

Available Formats

Case 4:05-cr-00040-Y Document 24 Filed 08/18/05 Page 1 of 4 PageID 60

IN THE UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA §

GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE

by the defendant, Douglas Sovereign Smith, Jr.

This request is based on the defendant’s substantial assistance in the investigation

and subsequent prosecution of a child pornography trafficking suspect, Richard Reichert,

of Pittsburgh, Pennsylvania. A federal Criminal Complaint was filed against Mr.

Child Pornography, in violation of 18 U.S.C. §§ 2252(a)(2)(A) & (b)(1), and 3583(k).

Government's Motion for Departure - Page 1

pending sentencing on September 26, 2005.

by Special Agent Jim Pokorney, Immigration and Customs Enforcement. On February

three graphically described VHS tapes containing child pornography.

Government's Motion for Departure - Page 2

Government's Motion for Departure - Page 3

Government's Motion for Departure - Page 4

You might also like