United States Second Circuit

Sentence for receipt of child pornography is affirmed where the district court did not err in imposing a four-level enhancement for the possession of images containing sadistic or masochistic conduct, as the court made an objective determination that the image depicted sexual activity involving a minor and the depicted activity would have caused pain to the minor, and thus established an adequate basis for the application of the enhancement.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before CABRANES and WALLACE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephan J. Baczynski, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney, on the brief), Office of the United States Attorney for the Western District of New York, Buffalo, NY, for Appellee United States of America., Jay S. Ovsiovitch, Assistant Federal Public Defender (Marianne Marino, Federal Public Defender, on the brief), Office of the Federal Public Defender for the Western District of New York, Rochester, NY, for Defendant-Appellant Brandan R. Freeman.