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U.S. v. Kimler, No. 02-3097 (10th Cir.) (335 F.3d 1132) (July 7, 2003) (Judge Stephen H. Anderson)

Here the Court upheld a 4-level sentencing enhancement, pursuant to U.S.S.G. § 2G2.2(b)(3), for possession of materials that portrayed “sadistic or masochistic conduct” despite the absence of any expert testimony that the conduct in question was sadistic.

The defendant in this case, Randy Kimler, was convicted of receiving, possessing and ...

 

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