## Facts

- Brian Robinson was convicted in federal court of producing, distributing, and possessing child pornography.
- A Presentence Investigation Report calculated an advisory Sentencing Guidelines term of 720 months’ imprisonment (60 years).
- Robinson had previously cooperated with law enforcement in two other investigations or prosecutions.
- At sentencing, Robinson asked the district court to consider that prior cooperation as a mitigating factor under 18 U.S.C. § 3553(a).
- The government did not move for a substantial-assistance departure under U.S.S.G. § 5K1.1 (or for later relief under Rule 35(b)).
- The district court stated it lacked authority to consider Robinson’s prior cooperation absent a government § 5K1.1 motion and imposed a 720-month sentence.
- Robinson appealed, challenging (among other matters) the denial of a motion to suppress evidence obtained under a search warrant and the court’s understanding of its sentencing authority.

## Issues

1. Whether evidence obtained under a search warrant should have been suppressed, or whether the Leon good-faith exception applied because officers reasonably relied on the warrant.
2. Whether a sentencing court may consider a defendant’s cooperation with law enforcement as a mitigating factor under 18 U.S.C. § 3553(a) when the government has not filed a U.S.S.G. § 5K1.1 substantial-assistance motion.

## Decision

- The Fifth Circuit affirmed the denial of the motion to suppress, holding that officers’ reliance on the warrant fell within the Leon good-faith exception.
- The Fifth Circuit held the district court committed procedural sentencing error by concluding it lacked authority to consider Robinson’s prior cooperation under § 3553(a) absent a § 5K1.1 motion.
- The Fifth Circuit affirmed the conviction and suppression ruling but vacated the sentence and remanded for resentencing under a correct understanding of sentencing discretion.

## Legal Principles

- Under United States v. Leon, suppression is not required when officers act in objectively reasonable reliance on a search warrant, unless recognized limits apply (e.g., knowingly or recklessly false or misleading affidavit, a “bare bones” affidavit lacking indicia of probable cause, or a facially deficient warrant).
- After Booker, the Sentencing Guidelines are advisory; district courts must calculate the Guidelines range and then consider the § 3553(a) factors in selecting a sentence.
- A government motion is required for a Guidelines substantial-assistance departure under U.S.S.G. § 5K1.1, but the absence of such a motion does not bar a court from considering cooperation as part of the defendant’s history and characteristics under § 3553(a).
- A sentencing court commits procedural error when it sentences under an incorrect view of the scope of its legal authority and discretion.

## Conclusion

The Fifth Circuit upheld the search under Leon’s good-faith exception but required resentencing because the district court mistakenly believed it could not consider Robinson’s prior cooperation as a mitigating factor under § 3553(a) without a government § 5K1.1 motion.


United States v. Robinson, 741 F.3d 588 (5th Cir. 2014)