FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. John A. Woodcock, Jr., U.S. District Judge]
W. O'Brien on brief for appellant.
B. Frank, United States Attorney, and Benjamin M. Block,
Assistant U.S. Attorney, on brief for appellee.
Lynch, Selya, and Boudin, Circuit Judges.
Seth J. Blewitt, who stands convicted of bank robbery, Hobbs
Act robbery, and a related firearms offense, challenges his
sentence. He argues that the sentencing court acted in
contravention of the Supreme Court's opinion in Dean
v. United States, 137 S.Ct. 1170, 1178 (2017), and in
the bargain, engaged in impermissible gender stereotyping.
Concluding, as we do, that the appellant's arguments
contain more cry than wool, we affirm.
this appeal follows a guilty plea, we draw the relevant facts
mainly from the change-of-plea colloquy, the presentence
investigation report (PSI Report), and the sentencing
transcript. See United States v.
Rentas-Muñiz, 887 F.3d 1, 2 (1st Cir. 2018);
United States v. Dietz, 950 F.2d 50, 51 (1st Cir.
1991). But because one of the appellant's claims of
sentencing error is inextricably intertwined with the
sentencing of his accomplice (his then-wife, Cara Blewitt),
we add certain undisputed facts relating to her sentencing.
28, 2017, the appellant, with his physiognomy obscured by a
winter hat and sunglasses, entered a bank in Bangor, Maine.
After telling the teller that he was "actually robbing
[her]," he proceeded to do just that. In carrying out
the heist, he neither threatened the teller nor displayed a
weapon. Absconding with $500, the appellant joined Cara
Blewitt in their getaway vehicle.
scene was reprised the next day, when the appellant robbed a
discount variety store. On that occasion, though, the
appellant was armed with a sawed-off shotgun. Cara Blewitt
again drove the getaway car.
after the second robbery, the police identified the Blewitts
as the robbers. Warrants were issued, and the couple was
arrested during a traffic stop. Several shotgun shells were
found on the appellant's person and in the Blewitts'
car. A further search of the vehicle revealed $300 in cash, a
Remington .22 long rifle, and hundreds of rounds of
ammunition. Moreover, a forensic examination of the
appellant's cell phone disclosed multiple internet
searches related to robbery. These included: "Hard up
for cash? Rob a Dollar Store," "How nine out of
every ten muggers get away with it," and "Robbery:
What is the best way to rob a store?"
course, a federal grand jury sitting in the District of Maine
returned an indictment against the appellant. The indictment
charged him in three counts: bank robbery in violation of 18
U.S.C. § 2113(a) (count 1); interference with commerce
by robbery in violation of 18 U.S.C. § 1951 (count 2);
and brandishing a firearm during and in relation to a crime
of violence in violation of 18 U.S.C. § 924(c)(1)(A)
(count 3). The appellant initially maintained his innocence
but, on November 30, 2017, reversed his field and pleaded
guilty to all three counts of the indictment. There was no
prepared, the PSI Report recommended a guideline sentencing
range (GSR) for counts 1 and 2, as a group, of 37 to 46
months. By statute, count 3 required a mandatory minimum
sentence of 84 months to run consecutively to any sentence
imposed on the grouped counts (counts 1 and 2). See
18 U.S.C. § 924(c)(1)(A)(ii).
Blewitt was prosecuted separately and the case against her
followed a somewhat different course. She admitted her
involvement in the robberies shortly after her arrest, waived
indictment, and was charged in an information. While the
information charged her with the same two robbery offenses
with which her then-husband was charged, it did ...