United States v. Brian Robinson
2014 U.S. App. LEXIS 1493
| 5th Cir. | 2014Background
- Investigators traced ICQ 'lowkey' image transfers to an IP at Accurate Roofing, where Robinson was a vice-president.
- Robinson’s home search uncovered a computer and thumb drive with hundreds of child-pornography files and his workplace access to 'lowkey'.
- Robinson confessed after invoking counsel, admitting the 'lowkey' account was his and he sent images to others.
- Robinson pleaded guilty under a conditional agreement to three counts; he preserved an appeal of suppression rulings.
- The PSR produced a life imprisonment guideline range, but total statutory maximums capped the sentence at 720 months.
- At sentencing, Robinson argued for consideration of cooperation under 18 U.S.C. § 3553(a); court declined participation due to lack of 5K1.1 motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good faith controls suppression in Accurate Roofing warrant | Robinson | Robinson | Affirmed denial; good faith available despite omissions |
| Whether residence warrant lacked nexus or stale information | Robinson | Robinson | Affirmed denial; information not stale and nexus reasonable |
| Whether district court could consider cooperation under §3553(a) without a §5K1.1 motion | Robinson | Robinson | Court may consider cooperation under §3553(a) even without §5K1.1 motion |
| Whether the district court’s failure to recognize discretion to consider cooperation was reversible error | Robinson | Robinson | Procedural error; not harmless; remand for resentencing |
Key Cases Cited
- United States v. Mays, 466 F.3d 335 (5th Cir. 2006) (good-faith exception—omitted facts must be dispositive)
- United States v. Shugart, 117 F.3d 838 (5th Cir. 1997) (good faith reliance on warrant matters)
- United States v. Davis, 226 F.3d 346 (5th Cir. 2000) (omitted facts must be dispositive to defeat good faith)
- United States v. Payne, 341 F.3d 393 (5th Cir. 2003) (nexus may be inferred from normal inferences)
- United States v. May, 819 F.2d 531 (5th Cir. 1987) (court may draw reasonable inferences for nexus)
- United States v. Burns, 526 F.3d 852 (5th Cir. 2008) (harmless error standard in misapplication of discretion under Booker/Kimbrough)
- United States v. Garcia, 655 F.3d 426 (5th Cir. 2011) (harmless error standard; Burns elevated standard applied)
- Kimbrough v. United States, 552 U.S. 85 (S. Ct. 2007) (courts may consider policy disagreements in §3553(a) analysis)