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U.S. v. COBLER

No. 13-4170.

748 F.3d 570 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. James Robert COBLER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Christine Madeleine Lee , Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Jean Barrett Hudson , Office of the United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Larry W. Shelton , Federal Public Defender, Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Timothy J. Heaphy , United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge WYNN joined. Judge DUNCAN wrote a separate opinion concurring in the judgment.

BARBARA MILANO KEENAN, Circuit Judge.

In this appeal, we consider the constitutionality and the reasonableness of a 120-year sentence imposed on a defendant convicted of production, possession, and transportation of child pornography, in connection with his sexual molestation of a four-year-old boy. The defendant argues that his lengthy prison sentence is disproportionate to his crimes, constituting cruel and unusual punishment under the Eighth Amendment, and that...

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