United States v. Smith

20 F. App'x 412
Court of Appeals for the Sixth Circuit·Decided September 25, 2001·No. No. 00-5704·Published·Cited by 7 cases

Opinion

KRUPANSKY, Circuit Judge.

The defendant-appellant, Billy Randolph Smith (“Smith” or “the defendant”), has challenged his 150-month imprisonment [414]*414sentence imposed following his guilty plea to seven felony counts under 18 U.S.C. §§ 2422, 2423, and 2252, which stemmed from his sexual relations with two female minors.1 The defendant has argued that the sentencing court erroneously assessed “career offender” status against him, and further unjustifiably enhanced his penalty for distributing pornographic images of an underaged girl via the Internet and engaging in a pattern of sexually abusing children. Additionally, for the first time on appeal, Smith has contended that the district judge neglected to state adequate reasons for sentencing him at the high end of the applicable guidelines sentencing range.

During June 1998, Smith commenced regular correspondence, via instrumentalities of interstate communications including computerized electronic mail (“e-mail”) and the telephone, with an adolescent girl identified in the trial court record as “K.H.. ” At that time, K.H., a Maryland citizen, was 16 years of age, whereas Smith, then an Alabama resident, was 42 years old and the father of a teen-aged daughter. Initially, their long-distance relationship consisted of sexually charged conversations and exchanges of explicit nude photographs. However, in early December 1998, the two “friends” agreed to meet at a Holiday Inn motel near the girl’s residence. On Sunday, December 8, 1998, Smith and K.H., who by this date was 17 years old, engaged in sexual activity, including cunnilingus and genital intercourse, inside a room at that motel.

Subsequently, Smith, in late December 1998, after relocating his domicile from Albertville, Alabama to Dyersburg, Tennessee, and without the girl’s knowledge, traveled to a Days Inn motor lodge in Maryland with an intent to rendezvous with K.H.. However, on this occasion, K.H. resisted Smith’s overtures. On December 27,1998, Smith, after locating K.H. at a shopping mall, pressured her into meeting with him at the motel. During that liaison, Smith presented K.H. with a necklace, a bracelet, and two tee-shirts. Nonetheless, despite' Smith’s bids to purchase her continuing cooperation, the schoolgirl attempted to permanently terminate her relationship with the middle-aged Smith, which precipitated a violent argument. During that fracas, Smith verbally abused the juvenile, spat at her, physically restrained her to prevent her departure, and slammed her automobile’s door on her leg as she entered it.

In early January 1999, notwithstanding Smith’s demonstrated character and menacing behavior, K.H. naively resumed her long-distance correspondence with her exploiter. Smith told K.H. that he had purchased an engagement ring for her, and that he would finance her college education so that she could leave her parents. In mid-January 1999, Smith again traveled to Maryland to physically violate K.H.. During Smith’s stay at the local Days Inn, K.H. performed fellatio upon him, twice engaged in coitus with him, and tolerated his digital penetration of her vagina. However, irrespective of their erstwhile intimacy, Smith physically and verbally assaulted K.H. when she attempted to depart the motel room. Among other things, he obstructed her exit, violently shoved her into a door, and dragged her to the bed whereupon he restrained her mobility by sitting on her, which caused her to “cry hysterically.”

[415]*415In February 1999, Smith returned to the Days Inn hostelry. On February 13, 1999, K.H. orally stimulated Smith’s genitals, and copulated with him, at that situs. Although Smith became enraged when the girl resisted his painful efforts to immerse his entire hand inside her vagina, to sodomize her anus, and to ejaculate inside her mouth, K.H. nonetheless assented to his marriage proposal after Smith , gifted her with a gold and diamond engagement ring. However, approximately one week following that encounter, the repentant female informed Smith once again, via telephone, that their intimate relationship was ended. On that occasion, K.H. evidenced a firm resolve to permanently disassociate herself from the defendant.

During the ensuing weeks, the frustrated Smith launched a “carrot-and-stick” campaign to win his target’s renewed acquiescence. His efforts included the delivery of several floral arrangements to K.H., coupled with death threats and declarations of intent to publish naked photographs of the schoolgirl on the world wide web unless she resumed gratifying his demands. Nonetheless, K.H. steadfastly refused to relent.

In a quest to further pressure the girl, or alternatively to attain revenge against her, Smith, while deceptively posing as K.H., offered, via e-mail, to supply sexually explicit photographs of K.H. to several of her friends. Unbeknownst to Smith, a youthful recipient of his fraudulent and malevolent electronic messages alerted K.H. to his actions. The victim then contacted the police.

The Maryland State Police Department assigned Trooper Brian Moser (“Moser”) of its Computer Crimes Unit to conduct an undercover investigation of Smith’s activities. Moser established electronic contact with Smith using an alias, “David Wiggins,” a fictional sixteen-year-old classmate of K.H.’s at Brunswick High School. Posing as the nonexistent ‘Wiggins,” the investigator expressed to Smith a desire to “ruin [KH.’s] life.” Convinced that ‘Wiggins” was a youth possessed of a kindred malicious spirit, Smith transmitted four smutty photographs of K.H. to his fictitious compatriot’s e-mail account, accompanied by instructions to distribute them throughout the school building together with the rumor that K.H. had carnal relations with adult men whom she had met on the Internet, and to deliver prints of the vulgar pictures to K.H .’s parents and her employment location.

In the meanwhile, Smith, acting in the guise of K.H., fabricated a web page on which the secondary student purportedly solicited sex from both male and female visitors. One mendacious posting on that Internet site advertised for a girl to participate in a three-way orgy with K.H. and an unnamed “great older guy” from Tennessee. Trooper Moser, now posing as “Stephadeus,” a fictitious fifteen-year-old female, responded positively to that proposal. Smith, while pretending to be K.H., replied to that cyber-message by inviting, “Stephadeus” to contact Smith for “phone sex” or to arrange a physical union. Smith reinforced his proposition by transmitting lewd images of K.H. and himself to the e-mail account which Moser had opened for his “Stephadeus” alter ego. Concurrently, the defendant sent a digital-ized image of himself, along with his telephone number, to a “bait” web address which Moser had constructed using KH.’s name.

On May 27, 1999, at 8:00 a.m., two FBI agents and four local police officers, supported by a computer technician, executed a warrant search of Smith’s residence in Dyersburg, Tennessee. Those investigators discovered Smith in the company of an adult male (Barry Pope) and an adoles[416]*416cent female (identified in the trial court record as “V.N.”).

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United States v. Smith, 20 F. App'x 412 (6th Cir. 2001).

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