U.S. v. Johnson

Dist. Ct. did not err in imposing 240-month term of incarceration on charge of production of child pornography, where said sentence was based, in part, on 4-level enhancement under section 2G2.1(b)(4) of USSG that stemmed from finding that certain photograph of defendant’s 12-year-old victim inserting handle of screwdriver into her vagina was sadistic or masochistic image. While defendant argued that said picture, although distasteful and offensive, did not qualify as sadistic or masochistic for purposes of section 2G2.1(b)(4) of USSG, Ct. found that said picture qualified for instant enhancement, where image connoted violence of sort that would likely appeal to sadistic audience. Fact that victim indicated that she did not suffer any pain at time of picture did not require different result.