United States v. Rufus Robinson
778 F.3d 515
| 6th Cir. | 2015Background
- Defendant Rufus Robinson pleaded guilty to possession of child pornography (7,100+ images) on March 9, 2009; paid subscription to a site; ICE obtained credit card data and seized discs.
- Forensic review found at least 7,100 images across fifty discs; images included violent abuse of children.
- Guidelines calculation: base level 18, plus six enhancements (prepubescent depictions, violent content, computer use, >600 images) and a 3-level acceptance of responsibility reduction; adjusted level 28, guideline range 78–97 months.
- First sentencing: one day in custody with five years of supervised release; no fine due to indigence; sentence held substantively unreasonable by this Court in Robinson I.
- On remand, district court sentenced again to one day, with longer supervised release and new conditions; government appeals for substantive reasonableness.
- This Court vacates the sentence and remands for reassignment and resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly weighed § 3553(a) factors | Robinson | Robinson | Sentence unreasonable; factors under § 3553(a) misapplied |
| Whether deterrence and seriousness were adequately addressed | Robinson emphasized deterrence and seriousness still. | Robinson's conduct warranted more than noncustodial relief | Court failed to reflect seriousness and deterrence; substantively unreasonable |
| Whether national disparities were properly considered | Robinson pointed to national disparities. | Disparities vary; local sentence acceptable | District court did not adequately analyze national disparities; unreasonable |
| Whether new mitigating evidence could justify a different sentence | Robinson's mental-health evidence could support a downward variance | Mitigating evidence credible but insufficient to justify variance | Mitigating evidence alone did not cure deficiencies in § 3553(a) analysis |
Key Cases Cited
- United States v. Robinson, 669 F.3d 767 (6th Cir. 2012) (Robinson I), 669 F.3d 767 (6th Cir. 2012) (reversal of subs. leniency in initial sentence; remand for proper consideration)
- United States v. Bistline, 720 F.3d 631 (6th Cir. 2013), 720 F.3d 631 (6th Cir. 2013) (guideline-based sentence must reflect seriousness; reassignment advised when judge unlikely to adjust)
- Gall v. United States, 552 U.S. 38 (2007), 552 U.S. 38 (Supreme Court 2007) (Guidelines start as benchmark; require individualized assessment of facts)
- Pepper v. United States, 131 S. Ct. 1229 (2011), 131 S. Ct. 1229 (Supreme Court 2011) (district court may consider post-sentencing rehabilitation and new evidence)
- United States v. Simmons, 501 F.3d 620 (6th Cir. 2007), 501 F.3d 620 (6th Cir. 2007) (need to consider national disparities in § 3553(a)(6))
- United States v. Elmore, 743 F.3d 1068 (6th Cir. 2014), 743 F.3d 1068 (6th Cir. 2014) (statistics on prison time in child-pornography cases; non-custodial sentences are outliers)