United States v. Burns

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Defendant pleaded guilty to possession of child pornography and was sentenced to 97 months in prison. The court concluded that the district court did not abuse its discretion by imposing enhancements for "sadistic" material under USSG 2G2.2(b)(4) and for "use of a computer" under USSG 2G2.2(b)(6) where defendant indisputably used a computer to morph and possess images that were "per se sadistic" under Eighth Circuit precedent; the district court did not abuse its discretion in applying a five-level enhancement under USSG 2G2.2(b)(5) because defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor; the district court considered the 18 U.S.C. 3533(a) factors and set forth a reasoned basis for its sentence; and the mitigating evidence did not outweigh the damage that has been done and the unique nature of the conduct involved in this case. Accordingly, the court concluded that the district court did not abuse its substantial sentencing discretion in imposing a within-guidelines sentence and affirmed the judgment. View "United States v. Burns" on Justia Law