United States v. Johnson, No. 14-2240 (7th Cir. 2015)
Annotate this CaseWhile Johnson was on probation for a conviction for second degree assault of a child, his probation officers discovered more than 3,000 photos on Johnson’s phone. Most of the photos were sexually explicit and the officer believed several of the individuals pictured may have been minors. They also received a tip from an individual who reported that Johnson had a Facebook account and was posting ads on Craigslist. Johnson pleaded guilty to production of child pornography, 18 U.S.C. 2251(a), and possession of child pornography, 18 U.S.C. 2252(a)(4)(B). At sentencing, the parties disputed whether several photographs showing Johnson’s 12-year-old victim inserting foreign objects into her vagina were sadistic or masochistic, U.S.S.G. 2G2.1(b)(4). The court found that one of the photographs warranted the four level upward adjustment for sadistic or masochistic images and imposed a sentence of 240 months in prison. The Seventh Circuit affirmed. An image of a young girl inserting a screwdriver into her vagina connotes a degree of potential pain and violence such that the upward adjustment under is appropriate.
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