X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided August 10, 2009 Before Cabranes and Wallace,* C.JJ.** Appeal from a judgment of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge) sentencing defendant-appellant principally to a seventy-eight month term of imprisonment for receipt of child pornography, in violation of 18 U.S.C. §2252A(a)(2). Defendant-appellant challenges the District Court’s imposition of a four-level sentencing enhancement pursuant to U.S.S.G §2G2.2(b)(4) for the possession of materials portraying sadistic or masochistic conduct. Where, as here, a district court finds that (1) an image depicts sexual activity involving a minor and (2) the depicted activity would have caused pain to the minor, the court provides an adequate explanation of its decision to impose an enhancement under section 2G2.2(b)(4).

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.