United States v. Bleau, No. 18-1574 (2d Cir. 2019)Annotate this Case
The four-level sentencing enhancement under USSG 2G2.2(b)(4) may be applied based on images of sexual activity that would cause the depicted minor to experience mental, but not physical, pain. The Second Circuit affirmed the district court's judgment on the question of the four-level enhancement but remanded to the district court for further consideration of defendant's special condition of supervised release that broadly prohibits him from having contact with minors without pre-approval from the Probation Office. In this case, the district court plainly erred by adequately justifying its imposition of the special condition.