United States v. Nesmith, No. 16-40196, —F.3d—, 2017 WL 3393055 (5th Cir. Aug. 8, 2017) (King, Jolly, Prado)
Calvin Nesmith pleaded guilty to the sexual exploitation of
a minor, in violation of 18 U.S.C. § 2251(a) and (e). At sentencing, the
district court applied a four-level enhancement under §2G2.1(b)(4) (depiction
of sadistic conduct) because investigators found an explicit image of
Standard for Sadistic Depiction Enhancement is Objective, Requires Contemporaneously Infliction Pain
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