United States v. Travis Blank
2012 U.S. App. LEXIS 24882
5th Cir.2012Background
- Investigation began after a video clip of child pornography was sent from Blank’s e-mail, leading to a home search and Blank’s voluntary statements.
- Forensic analysis found 24 child-pornography images on Blank’s computers, including the video, among materials seized.
- Blank admitted decades-long viewing of child pornography; he claimed a teenager living with him was responsible for the images.
- A two-count indictment was returned in July 2009; trial was set for January 2010 but repeatedly rescheduled due to defense motions and health issues.
- During pretrial detention Blank’s statements to family members and in calls suggested attempts to shield the teenager; a second indictment based on the same conduct followed after a ten-month delay.
- The district court dismissed the first indictment without prejudice for Speedy Trial Act violations; Blank was later retried and convicted on the same charges, then appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal without prejudice was proper under the Speedy Trial Act. | Blank argues dismissal without prejudice was improper. | Blank asserts the delay was court-caused and prejudicial; dismissal with prejudice would deter violations. | Yes; dismissal without prejudice appropriate given neutral court delay and lack of prejudice to Blank. |
| Sufficiency of the evidence to support possession and transport of child pornography. | Government contends evidence showed Blank’s knowing possession and transport. | Blank claims evidence equally supports the teenager’s sole responsibility. | Evidence sufficient; jury could credits Blank’s admissions over defense theory. |
| Admission of two exhibits of child pornography despite Blank’s offer to stipulate. | Caldwell supports admissibility of graphic evidence to support narrative of guilt. | Old Chief/Caldwell-based rule allows stipulation to avoid prejudice. | No abuse of discretion; images properly admitted as part of the instant-offense proof. |
| Whether pretrial delay prejudiced Blank’s defense. | Delay impacted timely trial and potential witnesses. | Delay due to overcrowded docket; prejudice not shown beyond the delay itself. | Not shown; prejudice to defense was insufficient to overturn conviction. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (framework for speedy-trial prejudice and balancing factors)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (prosecution may not use stipulations to circumvent admissibility of evidence in some contexts)
- Moreland, 665 F.3d 137 (5th Cir. 2011) (constructive possession requires knowing dominion beyond shared occupancy)
- Caldwell, 586 F.3d 338 (5th Cir. 2009) (graphic evidence of child pornography admissible; cannot be wholly stipulated away)
- Taylor, 487 U.S. 326 (U.S. 1988) (standard for evaluating speedy-trial dismissals is influenced by underlying reasons for delay)