United States v. James Cobler, 2014 U.S. App. LEXIS 6693

Cobler was convicted on three counts of production of child pornography, one count of transportation of child pornography, and one count of possession of child pornography, arising from molesting a four-year-old boy and creating depictions of the abuse.
Investigators found a computer in Cobler’s home with extensive child-pornography materials after obtaining a warrant from undercover work in 2012.
Cobler admitted to downloading, possessing, and sharing child pornography and that he molested the four-year-old while acting as the child’s babysitter; he knew his disease could be transmitted to the child.
The Presentence Report (PSR) recommended a life-imprisonment-equivalent term due to the offenses’ severity, but the guidelines used a total 1,440-month (120-year) sentence reflecting the statutory maximums for each count.
The district court adopted the PSR, denied a variance, and imposed a 120-year sentence; Cobler appealed challenging constitutionality under the Eighth Amendment and the sentence’s reasonableness.
The Fourth Circuit affirmed, rejecting both as-applied and categorical proportionality challenges and holding the within-guidelines sentence substantively reasonable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 120-year term is a grossly disproportionate Eighth Amendment punishment.	Cobler contends the sentence is disproportionately severe.	The government argues no gross disproportionality; the sentence fits the crime.	No threshold gross-disproportionality inference; sentence within constitutional bounds.
Whether proportionality review is available for term-of-years sentences under Rhodes and Ming Hong.	Cobler argues this circuit prohibits such review for term-of-years sentences.	The majority maintains Rhodes controls and proportionality review is limited.	Rhodes remains viable; proportionality review applies under limited circumstances.
Whether the proportionality analysis should be extended beyond the as-applied framing to a categorical challenge.	Cobler argues a categorical challenge should apply due to nature of the offense.	The court should apply limited, as-applied framework; no categorical blanket rule.	No successful categorical challenge; no per se constitutional problem from the sentence.
Whether the district court abused its discretion in the sentence’s reasonableness under 18 U.S.C. §3553(a).	Cobler asserts the court relied on improper deterrence factors and imposed an excessive sentence.	Court reasonably weighed 3553(a) factors; within-guidelines sentence presumed reasonable.	District court did not abuse discretion; sentence substantively reasonable.

Solem v. Helm, 463 U.S. 277 (U.S. 1983) (set out objective criteria for full proportionality analysis in rare gross-disproportionality cases)
Graham v. Florida, 560 U.S. 46 (U.S. 2010) (requires threshold gravity-sentence comparison for proportionality review of term-of-years sentences)
Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (illustrates extreme penalties for non-capital offenses; informs disproportionate analysis)
Solem v. Helm, 463 U.S. 277 (U.S. 1983) ((duplicate entry; included for completeness))
Ewing v. California, 538 U.S. 11 (U.S. 2003) (upheld long prison terms under three-strikes; informs threshold comparison)
Lockyer v. Andrade, 538 U.S. 63 (U.S. 2003) (upholds strict proportionality limits under three-strikes context)
Rhodes, 779 F.2d 1019 (4th Cir. 1985) (establishes limited proportionality review; life sentences without parole require extended review)
Ming Hong, 242 F.3d 528 (4th Cir. 2001) (limits proportionality review for term-of-years sentences; conflicts with Graham’s framework)
Graham, 560 U.S. 48 (U.S. 2010) (clarifies how to conduct proportionality analysis for term-of-years sentences)
McMellon v. United States, 387 F.3d 329 (4th Cir. 2004) (discusses binding early precedent; en banc considerations)
Wellman, 663 F.3d 224 (4th Cir. 2011) (applies Rhodes to justify swift disposition for lesser sentences)