United States v. Bryan Vannausdle
Split Score
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Case Summary
Disposition
Affirmed
The Eighth Circuit affirmed Bryan Michael Vannausdle’s 240-month sentence for receipt of child pornography, holding that images and videos showing a 13- or 14-year-old girl self-penetrating with a sex toy warranted a four-level enhancement under U.S.S.G. § 2G2.1(b)(4)(A). A concurrence agreed the result was compelled by circuit precedent but criticized the Eighth Circuit’s apparent per se rule and noted that other circuits require a case-specific inquiry, highlighting a developing circuit split.
Circuit Split Identified
Legal Issue
Whether the four-level enhancement under U.S.S.G. § 2G2.1(b)(4)(A) automatically applies to images depicting a minor’s self-penetration (per se rule) or whether courts must make a case-by-case, objective determination that the image portrays sadistic, masochistic, or otherwise violent conduct.
Circuit Positions
Per se rule – any depiction of a minor’s penetration with a foreign object automatically triggers the § 2G2.1(b)(4)(A) enhancement.
Case-by-case, objective inquiry – Government must show the image depicts pain, violence, humiliation, or cruelty; no automatic enhancement.
Conflict Summary
The Eighth Circuit’s recent precedent applies the § 2G2.1(b)(4)(A) sadistic/masochistic enhancement any time an image depicts penetration of a minor, effectively creating a per se rule and relieving the Government of proving pain, humiliation, or violence. In contrast, the Fifth and Sixth Circuits require an objective, case-specific inquiry into whether the depiction involves pain, violence, humiliation, or cruelty before imposing the enhancement.