Court should apply the rule of lenity because the Guidelines do not define what constitutes “sadistic”
or “masochistic” conduct. Quinn also argues that this sentencing factor is not particularly useful
because “sex between adults and children is inherently sadistic.” Def.’s Br. at 13. Quinn does not
create a factual dispute concerning the depictions at issue nor does he present a controverted matter
concerning the application of this enhancement. His claim is without merit.
We held in United States v. Fuller, No. 02-3303, 2003 WL 22331999 (6th Cir. Oct. 9, 2003)
(unpublished disposition), that because the Guidelines do not define sadistic or masochistic, courts
must look to the common meaning of those terms to determine their application. Id. at *10.
Accordingly, we found “the enhancement is warranted when the offense involves the depiction of
a sexual act that is ‘likely to cause pain in one so young.’ ” Id. (quoting United States v. Lyckman,
235 F.3d 234, 238-39 (5th Cir. 2000)). We agree with Quinn that penetrative sex between adults and
prepubescent children is inherently sadistic. “[I]mages displaying vaginal or anal penetration of a
prepubescent minor by either an adult male or foreign object is likely to be painful and constitutes
sadistic conduct that justifies the enhancement.” Id. (citing United States v. Hall, 312 F.3d 1250,
1261-63 (11th Cir. 2002); United States v. Parker, 267 F.3d 839, 847 (8th Cir. 2001); Lyckman, 235
F.3d at 238-39; United States v. Canada, 110 F.3d 260, 264 (5th Cir. 1997); United States v.
Caldwell, No. 97-5618, 1999 WL 238655, at *9 (6th Cir. Apr. 13, 1999)).
Quinn does not dispute the fact that the images he possessed and distributed depicted the
sexual penetration of prepubescent children by adult males. Quinn also does not dispute that a video
file he sent to Detective Smith depicted the bondage and sexual abuse of a young girl. These images
display sadistic conduct. The district court properly applied the four-point enhancement.
B. Pattern of Activity Involving Sexual Abuse of a Minor