United States v. Andrew Kuhn

MEMORANDUM

Appellant Andrew Kuhn pleaded guilty to one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Pursuant to the plea agreement, the government recommended a sentence of 46 months. The district court imposed a sentence of 60 months, and Kuhn appeals his sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

The district court did not err when it increased Kuhn’s base offense level by four levels for possession of a video containing sadistic content. See U.S.S.G. § 2G2.2(b)(4). A single video can support this enhancement. See United States v. Holt, 510 F.3d 1007, 1011 (9th Cir.2007). There was sufficient evidence of knowing possession of the video with sadistic content to satisfy that requirement. See United States v. Rearden, 349 F.3d 608, 616 (9th Cir.2003). The video had been downloaded to Kuhn’s computer, was saved in his “My Documents” file, had been accessed at least once after being downloaded, and had not been deleted.

We do not have jurisdiction to review whether the district court erred when it declined to apply a one-level downward departure recommended by the government for Kuhn’s early…