Bryan Michael Vannausdle v. United States

Bryan Vannausdle pled guilty to one count of receipt of child pornography, based upon images and videos he received from Minor Victim 1 (“MV1”). The district court applied a four-level enhancement under USSG §2G2.1(b)(4)(A) to Mr. Vannausdle’s advisory Guidelines range because the material allegedly portrayed “sadistic or masochistic conduct or other depictions of violence.” The basis for the enhancement was images and videos where MV1, a postpubescent female, masturbated by self-inserting a dildo. The Eighth Circuit upheld this application, and in doing so, confirmed a per se application of the enhancement anytime the material involves self-penetration of a minor, no matter the specific facts or circumstances of the case. This holding conflicts with the holdings of all other Circuits to address the issue. Mr. Vannausdle’s petition asks the Court to address: Whether USSG §2G2.1(b)(4)(A) can be applied per se anytime material involves self-penetration of a minor, or if it must be applied on a caseby-case basis, after an objective inquiry.