IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
UNITED STATES OF AMERICA
DAVID BYRON THOMPSON
O R D E R
Now on this 30th day of July 2013, comes on for consideration
the Government's Amended Motion for Reduction of Sentence Pursuant
to Rule 35(b) of the Federal Rules of Civil Procedure
#29). The Court, being well and sufficiently advised, finds and
orders as follows with respect thereto:
On July 17, 2012, the Court sentenced the defendant to
151 months' imprisonment, followed by thirty years of supervised
release, after the defendant pled guilty to the offense of
Distribution of Visual Depictions of Child Pornography, 18 U.S.C.
2. On June 20, 2013, the government filed a motion pursuant
to Federal Rule of Criminal Procedure 35(b) in which it asked the
Court to adjust the applicable sentencing guidelines to allow for
a range of 121 to 151 months' imprisonment, based on the
defendant's post-sentencing assistance in investigating certain
The government amended its motion on July 3, 2013, to
request a specific sentence reduction to 121 months' imprisonment.
Federal Rule of Criminal Procedure 35(b)(1) allows the
Court, upon the government's motion, to reduce a sentence if the
defendant has provided substantial assistance in investigating or
prosecuting another person. Whether to reduce a sentence under
this rule is within the discretion of the sentencing Court. Lee v.
United States, 501 F.2d 494, 501 (8th Cir. 1974).
In its motion, the government stated that the defendant
has provided substantial assistance in detecting certain
individuals who exchange images of child pornography as members of
internet groups using peer-to-peer file-sharing programs. It
further stated that the defendant allowed a government agent to
assume his online identity in participating in these internet
Although the defendant's assistance has not yet resulted in
a federal prosecution, the government contended that the defendant
was truthful, complete, and reliable and that he created credible
leads for investigators to pursue.
Based on the foregoing information, the Court finds
that, after sentencing, the defendant substantially assisted the
government in investigating criminal activity. Therefore, a
reduction of his sentence is appropriate. The Court finds a
reduction to a term of 121 months' imprisonment is reasonable and
will so order it under a separate amended judgment.
IT IS THEREFORE ORDERED that the Government's Amended Motion
for Reduction of Sentence Pursuant to Rule 35(b) of the Federal
Rules of Civil Procedure (document #29) is hereby granted. An
amended judgment reflecting a reduced sentence of 121 months'
imprisonment will be entered separately.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE