Subject: File No. S7-08-09
From: Dale R Smith
Affiliation: retired

May 5, 2009

I am in favor of reinstalling the uptick rule. The many previous mistakes made by this commission have helped to reduce my retirement funds in half. It would be a confidence builder for the small investor like myself if I was aware that the commission is trying to right the boat and correct some of the mistakes of the past. If not corrected, it is obvious who has the major influence with the decision makers.... those with the money. Money made by beating down stocks due to the lack of the uptick rule.