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U.S. v. BLEAU

No. 18-1574-cr August Term 2018.

930 F.3d 35 (2019)

UNITED STATES of America, Appellee, v. Keith BLEAU, aka Keith J. Bleau, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2019.

Attorney(s) appearing for the Case

Michael D. Gadarian and Richard D. Belliss , Assistant United States Attorneys, for Grant C. Jaquith , United States Attorney, Northern District of New York, Syracuse, NY, for Appellee.

Molly Corbett and James P. Egan , Assistant Federal Public Defenders, for Lisa A. Peebles , Federal Public Defender, Northern District of New York, Albany, NY, for Defendant-Appellant.

Before: Walker, Cabranes, and Sack, Circuit Judges.

The principal question on appeal is whether the four-level enhancement pursuant to § 2G2.2(b)(4) of the United States Sentencing Guidelines ("Guidelines" or "U.S.S.G.") may be applied based on images of sexual activity that would cause the depicted minor to experience mental, but not physical, pain. We conclude that it may. Accordingly...

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