United States v. Michael Johnson
680 F. App'x 194
| 4th Cir. | 2017Background
- Defendant Michael P. Johnson produced a 43‑minute video and other images showing sexual conduct with his prepubescent daughter; FBI seized the materials and he admitted to multiple sexual acts and to photographing/recording them.
- Indicted under 18 U.S.C. § 2251(a) for production of child pornography; pled guilty and faced a Guidelines offense level that, with enhancements, produced a life range capped by the statutory maximum of 360 months.
- District court applied a four‑level Sentencing Guidelines enhancement for material portraying sadistic/masochistic or violent conduct (§ 2G2.1(b)(4)) and imposed the statutory maximum 360‑month sentence plus life supervised release.
- Restitution was deferred at sentencing; the court later awarded $85,800 total restitution, including $78,000 for projected future therapy (weekly sessions through age 18 at $150/session) based on a guardian ad litem’s letter and $7,800 to the Virginia Criminal Injuries Compensation Fund.
- Johnson appealed both the S&M enhancement and the $78,000 future‑therapy restitution award.
Issues
| Issue | Plaintiff's Argument (Johnson) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether the § 2G2.1(b)(4) S&M enhancement applies | Video did not portray sadistic conduct: vibrator use is for pleasure, no clear evidence of pain, and no definitive penile vaginal penetration | Video, viewed as a whole, depicts repeated penetration, vibrator use on a prepubescent child, oral/digital penetration and simulated intercourse that are inherently sadistic | Affirmed; video as a whole portrays sadistic conduct and supports the four‑level enhancement |
| Whether $78,000 for future therapy is supported | Guardian’s unsworn letter and projections are speculative; no therapist evaluation, no therapy yet, and no evidentiary hearing | Restitution may be based on reliable hearsay and reasonable projections; statute permits future counseling; defendant had opportunity to respond | Affirmed; guardian’s letter provided sufficient indicia of reliability and reasonable‑certainty basis for award |
Key Cases Cited
- United States v. Burgess, 684 F.3d 445 (4th Cir. 2012) (standards for reviewing Guidelines application)
- United States v. Corp, 668 F.3d 379 (6th Cir. 2012) (interpreting “sadistic” and treating penetration of prepubescent children as inherently sadistic)
- United States v. Groenendal, 557 F.3d 419 (6th Cir. 2009) (definition and application of sadistic conduct under the Guidelines)
- United States v. Cover, 800 F.3d 275 (6th Cir. 2015) (definition of prepubescent minor and relevance to sadistic‑content analysis)
- United States v. Doe, 488 F.3d 1154 (9th Cir. 2007) (§ 2259 construed broadly to compensate long‑term effects of sexual abuse)
- United States v. Kearney, 672 F.3d 81 (1st Cir. 2012) (restitution does not require absolute precision; reasonable certainty standard)