U.S. v. Vivirito

Dist. Ct did not err in sentencing defendant to 216-month term of incarceration on charge of receipt of child pornography, where Dist. Ct. raised offense level by four levels under section 2G2.1(b)(4)(A) of USSG, based on finding that certain videos possessed by defendant portrayed “sadistic or masochistic” conduct. Subject videos portrayed 12-year-old female penetrating her vagina and anus with handle of hairbrush. While defendant argued that such conduct was not sadistic or masochistic because hairbrushes are often used by females. Ct. of Appeals found that Dist. Ct. could properly find that said conduct qualified as sadistic or masochistic conduct when considering mental harm to victim.