Caulk

MEMORANDUM **

Lance Caulk appeals his sentence following his guilty plea to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and receipt/transfer of child pornography in violation of 18 U.S.C. § 2252 (a)(2). Caulk first claims that the district court erred in applying a four-level sentence enhancement for sadistic conduct with a minor under U.S.S.G. § 2G2.2(b)(3). Caulk also challenges the district court’s application of a five-level sentence enhancement for engaging in a pattern of sexual abuse or exploitation of a minor under U.S.S.G. § 2G2.2(b)(4). Finally, Caulk claims that the enhancements were unconstitutional under Blakely v. Washington, — U.S.-, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004).

Caulk argues that the pictures in this case are not, without more, enough to establish that the conduct they depict was “sadistic.” This argument has already been rejected by this court in United States v. Rearden, 349 F.3d 608 (9th Cir.2003). Rearden held that pictures of adult males performing anal sex on prepubescent children depict sadistic conduct. Id. at 614-15 . The undisputed evidence establishes that Caulk’s computer contained *145 multiple images of…