U.S. v. McLaughlin

Dist. Ct. did not err in sentencing defendant to 130-month term of incarceration on charge of transporting child pornography, even though said sentence was based in part on 4-level enhancement under section 2G2.2(b)(4) of USSG for transporting material that portrayed minors in sadistic or masochistic conduct. While defendant argued that said enhancement constituted improper double-counting where he also received enhancement under section 2G2.2(b)(2) of USSG that also pertained to images of minors, record showed that certain images seized from defendant fit description contained in section 2G2.2(b)(4). Moreover, there is no prohibition for defendant receiving enhancements under both section 2G2.2(b)(2) and (b)(4). Also, Dist. Ct. did not err in failing to expressly address defendant’s argument that he deserved lower sentence due to an alleged enhanced chance that he would be abused in prison due to nature of his conviction, where defendant did not tailor his argument to his unique personal characteristics.