United States v. Keneon Fitzroy Isaac
987 F.3d 980
11th Cir.2021Background
- Isaac, a 44-year-old man, befriended a homeless mother and her two daughters, providing food, lodging, an RV, clothing, and gifts to gain their trust.
- Within a month he sexually abused the 13-year-old daughter (D.J.) on two occasions, photographing and video-recording the abuse; police later found hundreds of additional child‑pornography images on his phones.
- Police arrested Isaac after an anonymous tip and interviews with the children; officers seized a ZTE phone on his person and, after impounding his Mercedes-Benz, found an LG phone in the car during an inventory search.
- Detective Betts obtained warrants the next day to seize the LG phone from the impounded car and to search both phones; the district court denied Isaac’s suppression motion, finding the impoundment and inventory search complied with the department SOP.
- Isaac stipulated to the facts at a bench trial and was convicted on two counts of production and one count of possession of child pornography; the PSR produced an advisory guideline calculation exceeding life, capped by the statutory maximum of 960 months.
- The district court applied enhancements (including custody/care and pattern-of-activity enhancements), imposed the 960‑month sentence (consecutive terms), and this appeal challenges suppression, three guideline enhancements, and substantive reasonableness of the sentence.
Issues
| Issue | Isaac's Argument | Government's Argument | Held |
|---|---|---|---|
| Validity of inventory search/impoundment (motion to suppress) | Betts failed to follow SOP (did not give Isaac chance to have someone retrieve the car), so impoundment/inventory was improper and evidence from LG phone must be suppressed | Impoundment authorized under SOP's post‑arrest provision; inventory search performed per SOP in good faith | Court: Impoundment and inventory search lawful; SOP provisions applicable and followed; suppression denied |
| §2G2.1(b)(5) custody/care enhancement | D.J. was not in Isaac’s custody, care, or supervisory control | Isaac gained family’s trust, provided necessities, was the only adult alone with D.J., and exercised authority/responsibility over her | Court: Enhancement applies — D.J. was in Isaac’s care (analogous to a temporary caretaker) |
| §§2G2.2(b)(5) & 4B1.5(b)(1) pattern‑of‑activity enhancements | Two incidents do not constitute a “pattern” | Guidelines define a pattern as two or more separate instances; Isaac admitted abuse on two separate dates | Court: Enhancement applies — two separate occasions satisfy the guidelines’ definition of a pattern |
| Substantive reasonableness of 960‑month sentence | District court ignored mitigating/"redeeming" arguments and failed to properly weigh §3553(a) factors; sentence effectively impossible to complete | Court considered §3553(a) factors, victim impact, lack of genuine remorse, and seriousness; guideline range and precedent support lengthy sentence | Court: Sentence is procedurally and substantively reasonable; no abuse of discretion; affirmed |
Key Cases Cited
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (harm from production of child pornography and sentencing guidance)
- United States v. Williams, 936 F.2d 1243 (11th Cir. 1991) (warrantless inventory searches of impounded vehicles are permissible if authorized and conducted under standardized procedures)
- Sammons v. Taylor, 967 F.2d 1533 (11th Cir. 1992) (officer authority to impound must be in good faith and based on standard criteria)
- United States v. Bosby, 675 F.2d 1174 (11th Cir. 1982) (an officer's expectation of finding evidence does not invalidate an otherwise lawful inventory search)
- United States v. Rothenberg, 610 F.3d 621 (11th Cir. 2010) (standards of review for guideline issues)
- United States v. Alfaro, 555 F.3d 496 (5th Cir. 2009) (application of custody/care enhancement by functional analysis)
- United States v. Beasley, 688 F.3d 523 (8th Cir. 2012) (custody/care enhancement applied where defendant was primary adult present)
- United States v. Murrell, 368 F.3d 1283 (11th Cir. 2004) (custody/care involves authority to direct or command minor’s actions)
- United States v. Sarras, 575 F.3d 1191 (11th Cir. 2009) (sentencing: victim harm and lasting effects are proper considerations)
- Gall v. United States, 552 U.S. 38 (2007) (abuse‑of‑discretion standard for appellate review of sentencing reasonableness)
- United States v. Kirby, 938 F.3d 1254 (11th Cir. 2019) (upholding decades‑long sentences that may exceed defendant’s life expectancy)
- United States v. Newman, 614 F.3d 1232 (11th Cir. 2010) (interpretation of "includes" in guideline commentary)
- United States v. Gonyer, 761 F.3d 157 (1st Cir. 2014) (analogizing workplace supervisory control to teacher/babysitter for custody/care enhancement)