United States v. Robert Blake
697 F. App'x 401
| 5th Cir. | 2017Background
- Defendant Robert Timothy Blake pleaded guilty to distribution and possession of child pornography pursuant to a written plea agreement that included an appeal waiver (reserving only ineffective-assistance and prosecutorial-misconduct claims).
- At sentencing the Government made statements that Blake said went beyond the plea facts: photographing neighborhood children, sexually abusing his daughter, and fleeing Rhode Island to evade an investigation.
- Blake did not object at the sentencing hearing to the Government’s statements or to the Rule 11 colloquy regarding the appeal waiver.
- Blake argued on appeal that the Government breached the plea agreement and that the appeal waiver was not knowing and voluntary, and he challenged the substantive reasonableness of his sentence and the adversarial nature of the sentencing hearing.
- The Fifth Circuit reviewed both potential breach and the Rule 11 waiver issues for plain error because Blake failed to object below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Government breached the plea agreement by statements at sentencing | Blake: Government’s sentencing statements added facts beyond plea facts and breached agreement | Government: Statements did not clearly or obviously breach the agreement | No plain-error showing; statements did not constitute a clear and obvious breach |
| Whether the appeal waiver was knowing and voluntary | Blake: Waiver defective because of alleged shortcomings at Rule 11 colloquy | Government/District Court: Court complied with Rule 11; Blake affirmed understanding at rearraignment | Waiver was knowing and voluntary; enforceable |
| Whether Blake may pursue challenges to sentence and sentencing process | Blake: Challenges to substantive reasonableness and adversarial sentencing should proceed | Government: Waiver bars those challenges except ineffective assistance or prosecutorial misconduct | Challenges are barred by the valid appeal waiver |
Key Cases Cited
- United States v. Hebron, 684 F.3d 554 (5th Cir. 2012) (plain-error review for unpreserved plea-breach objections)
- Puckett v. United States, 556 U.S. 129 (U.S. 2009) (standard for plain-error review)
- United States v. Casillas, 853 F.3d 215 (5th Cir. 2017) (standards for plea-breach review)
- United States v. Hinojosa, 749 F.3d 407 (5th Cir. 2014) (plea-breach and waiver principles)
- United States v. McKinney, 406 F.3d 744 (5th Cir. 2005) (appeal-waiver enforceability analysis)
- United States v. Oliver, 630 F.3d 397 (5th Cir. 2011) (plain-error review of Rule 11 colloquy objections)
- United States v. Jacobs, 635 F.3d 778 (5th Cir. 2011) (validity of appellate waivers)
APPEAL DISMISSED.