United States First Circuit

Sentence for possession of child pornography is affirmed over defendant's argument that the court improperly applied a sentencing enhancement for possession of sadistic or masochistic child pornography since: 1) the prosecution did not meet its burden of proving these images were of actual children; 2) the conduct depicted did not qualify as sadomasochistic; and 3) even if it did qualify, the prosecutor also had to prove the conduct actually occurred.

Appellate Information

• Decided 11/29/2007
• Published 11/29/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mary Davis with whom Tisdale & Davis, P.A., was on brief, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, U.S. Attorney, was on brief, for appellee.