United States v. Blake
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 4, 2026
Docket25-51063
StatusUnpublished
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Full Opinion
Case: 25-51063 Document: 107-1 Page: 1 Date Filed: 11/04/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 25-51063 November 4, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Robert Timothy Blake,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:15-CR-66-1
______________________________
Before Haynes, Graves, and Ramirez, Circuit Judges.
Per Curiam:*
Robert Timothy Blake, federal prisoner # 46959-380, appeals the
district court’s denial of his motions for compassionate release under 18
U.S.C. § 3582(c)(1)(A)(i) and for reconsideration. Blake contends that the
district court abused its discretion in finding that he had not demonstrated
extraordinary and compelling reasons warranting relief; contests the district
court’s conclusion that he is addicted to child pornography; and argues that
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 25-51063 Document: 107-1 Page: 2 Date Filed: 11/04/2026
No. 25-51063
the district court’s analysis of the 18 U.S.C. § 3553(a) factors was based on
false information introduced at the original sentencing hearing.
Although Blake is a first-time offender, the presentence report (PSR)
reflects that 602 image files and 205 video files involving child pornography
were discovered on his digital devices pursuant to a search warrant. Federal
agents also discovered pictures of young children at the bus stop in front of
Blake’s home, as well as images of children playing in the nude at a residence
directly behind Blake’s home. The district court’s conclusion that Blake was
addicted to child pornography was a reasonable inference from the evidence
presented in the criminal proceedings and adequately justifies the denial of
relief. See Chavez-Meza v. United States, 585 U.S. 109, 117-19 (2018). To the
extent Blake challenges the facts used in his original sentencing hearing, such
an argument is not appropriately raised in a § 3582(c)(1)(A) proceeding. See
United States v. Hernandez, 645 F.3d 709, 712 (5th Cir. 2011). At most,
Blake’s arguments amount to a mere disagreement with the district court’s
balancing of the § 3553(a) sentencing factors, which does not warrant
reversal. See United States v. Chambliss, 948 F.3d 691, 694 (5th Cir. 2020).
Accordingly, the order of the district court is AFFIRMED. See id.
at 693-94; United States v. Jackson, 27 F.4th 1088, 1093 n.8 (5th Cir. 2022).
Blake’s motions for the appointment of counsel and to supplement the record
on appeal are DENIED.
2