United States v. Maurer, No. 10-3049 (3d Cir. 2011)Annotate this Case
After pleading guilty to possession of child pornography, the defendant was sentenced to 60 months in prison followed by five years of supervised release, with conditions restricting Internet access and association with minors. The Third Circuit affirmed. The court acted within its discretion in enhancing the sentence based on involvement of material portraying sadistic or masochistic behavior or other violence, as described in the sentencing guidelines. The guidelines' use of those terms is not vague and the provision applies to depictions of sexual activity that would cause pain to a prepubescent boy. There is no need for the court to determine whether the defendant intended to possess the images or actually derived pleasure from viewing them; the image need not depict penetration or bondage. The sentencing judge was entitled to consider facts outside the plea agreement. The sentence, including the conditions of supervised release, was reasonable.