United States v. Dontavious M. Blake
2017 U.S. App. LEXIS 15891
| 11th Cir. | 2017Background
- Defendants Dontavious Blake and Tara Jo Moore ran a prostitution ring; Backpage ads were posted via an email tied to Moore; at least two prostitutes (T.H. and E.P.) were under 18.
- FBI executed four warrants: searched a password‑locked iPad in the defendants’ home (court ordered Apple under the All Writs Act to assist unlocking); obtained targeted emails from Microsoft; and obtained broad Facebook account disclosures from Facebook for Moore’s account.
- A third superseding indictment charged two counts of child sex trafficking, one conspiracy to traffic children, two counts of trafficking adults by coercion, and a conspiracy count; the court granted acquittal on the adult‑by‑coercion counts at close of the government’s case.
- After a nine‑day trial the jury convicted Blake and Moore on the child trafficking counts and conspiracy; Blake received 324 months (life supervised release), Moore 180 months (240 months supervised release).
- Defendants appealed multiple rulings: denial of severance, validity of the All Writs Act bypass order compelling Apple assistance, validity/particularity of Microsoft and Facebook warrants (and suppression), several evidentiary rulings at trial, and sentencing guideline applications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of child counts from adult coercion counts | Government: joinder appropriate because much evidence overlapped | Blake/Moore: joinder prejudiced them; adult coercion evidence was inflammatory and distinct | Denial affirmed — no compelling prejudice; evidence overlapped and not more inflammatory than child‑trafficking evidence |
| All Writs Act bypass order (Apple) | Government: order necessary to effectuate search warrant and lawful under All Writs Act | Blake/Moore: court lacked authority to compel Apple to bypass iPad security; exceeds All Writs Act | Affirmed — order met New York Tel. factors (necessary, not covered by statute, consistent with congressional intent, Apple not too remote, burden not unreasonable) |
| Microsoft & Facebook warrants; particularity & suppression | Government: warrants supported by probable cause and executed in good faith | Moore: Facebook and Microsoft warrants were overbroad (general‑warrant problem) and lacked particularity; evidence should be suppressed | Microsoft warrant valid; Facebook warrants arguably overbroad but evidence admissible under Leon good‑faith exception; probable cause supported warrants |
| Sentencing guideline enhancements and reasonableness | Government: enhancements (undue influence; sex‑act enhancement) and guideline range appropriate | Blake/Moore: enhancements improperly applied (double counting, lack of undue influence); sentences substantively unreasonable | Enhancements and guideline calculations affirmed (no impermissible double counting); district court’s downward variances and sentences not an abuse of discretion |
Key Cases Cited
- United States v. N.Y. Tel. Co., 434 U.S. 159 (1977) (sets five‑factor test for compelling third‑party assistance under the All Writs Act)
- United States v. Leon, 468 U.S. 897 (1984) (establishes good‑faith exception to exclusionary rule for objectively reasonable reliance on warrants)
- Coolidge v. New Hampshire, 403 U.S. 443 (1971) (explains particularity requirement to prevent general warrants)
- Riley v. California, 573 U.S. 373 (2014) (addresses privacy interests in cell phones and the sensitivity of digital data)
- United States v. Mozie, 752 F.3d 1271 (11th Cir. 2014) (holding that commission of a sex act is not an element of § 1591)