Government's Motion for Departure - Page 1

 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). 

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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.

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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

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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 

Assistant United States Attorney

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

Assistant United States Attorney

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