U.S. v. Diaz, 03-2426.
Decision Date | 17 May 2004 |
Docket Number | No. 03-2426.,03-2426. |
Parties | UNITED STATES of America, Appellee, v. Aaron Jorge DIAZ, Appellant. |
Court | U.S. Court of Appeals — Eighth Circuit |
Aaron Jorge Diaz, Federal Correctional Institution, Pekin, IL, Gary K. Koos, Bettendorf, IA, for Aaron Jorge Diaz Defendant — Appellant.
Before MURPHY and FAGG, Circuit Judges, and GOLDBERG,* Judge of the United States Court of International Trade.
Aaron Jorge Diaz pleaded guilty to receiving child pornography. At sentencing, the district court** increased Diaz's offense level by four under U.S.S.G. § 2G2.2(b)(3) ( ).
On appeal, Diaz contends his images of child pornography were not sadistic, masochistic, or depictions of violence within the meaning of § 2G2.2(b)(3). We disagree. We have defined the term sadism as the infliction of pain on a love object to obtain sexual release, and as delight in physical or mental cruelty. United States v. Wolk, 337 F.3d 997, 1008 (8th Cir.2003); United States v. Parker, 267 F.3d 839, 847 (8th Cir.2001). We have defined violence as the exertion of physical force to injure or abuse. Id. The images in this case depict the sexual penetration of a minor girl by an adult male with his penis, a young boy performing fellatio on an adult male, an adult male performing anal sex on a minor girl, prepubescent girls performing fellatio on an adult male, a group of adolescent boys ejaculating on a grimacing prepubescent boy, and an adolescent male performing anal sex on a young boy. We conclude the images are sadistic or depictions of violence within the meaning of § 2G2.2(b)(3). See Parker, 267 F.3d at 847; United States v. Hall, 312 F.3d 1250, 1261-63 (11th Cir.2002) ( ); United States v. Lyckman, 235 F.3d 234, 238-39 (5th Cir.2000) ( ); United States v. Canada, 110 F.3d 260, 264 (5th Cir.1997) (same).
Diaz also argues the Government did not show he intended...
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