United States v. Rankin, 1:23-cr-00024

Defendant Shakeem Rankin was convicted by a jury of receipt, possession, and distribution of child pornography, arising from his purchase and resale of illicit materials via mobile applications and file-sharing services.
The FBI identified Rankin through chat logs and Cash App payments reviewed after an unrelated seizure in St. Louis and later executed a search warrant at Rankin's New York residence, seizing evidence from his phones.
Rankin received and stored hundreds of images and videos of child pornography, including material involving infants and toddlers, some involving extreme sexual abuse.
The Probation Department calculated an advisory sentencing range of 292–365 months, applying several enhancements under the U.S. Sentencing Guidelines, including for distribution for pecuniary gain, material depicting sadistic conduct or abuse of infants, and use of a computer.
Rankin objected to the enhancements and sought a sentence of time served, arguing the enhancements were inapplicable or unsupported by the evidence and that a lower sentence was warranted given his lack of criminal history.
The court denied all objections, found all contested enhancements applicable, and held it had no discretion to sentence below the statutory mandatory minimum.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Five-level enhancement for pecuniary gain (USSG §2G2.2(b)(3)(A))	Rankin distributed child pornography for payment, as proven by Cash App records and his admissions	No evidence of profit; government speculation; transactions did not result in gain	Enhancement applies—evidence showed Rankin profited from sales
Four-level enhancement for sadistic/masochistic conduct or infant abuse (USSG §2G2.2(b)(4))	Enhancement applies if either prong—sadistic conduct or abuse of infant/toddler—is met; Rankin’s materials satisfied both	Enhancement requires both prongs; no evidence of sadistic conduct as defined by Second Circuit	Enhancement applies—Guidelines use "or," not "and"; sufficient evidence for both prongs
Two-level enhancement for use of a computer (USSG §2G2.2(b)(6))	Cell phones (especially smartphones) are computers under the statutory definition and across multiple circuits	Smartphones aren’t clearly covered by the definition of computer; no Second Circuit authority	Enhancement applies—smartphone qualifies as a computer under relevant statutory definition
Court’s discretion to impose time served sentence	Statutory mandatory minimum for receipt/distribution is five years; no discretion for time served	Guidelines are advisory; court should consider lower sentence due to mitigating factors	Court has no discretion—mandatory minimum applies

United States v. Freeman, 578 F.3d 142 (2d Cir. 2009) (establishes the test for sadistic/masochistic conduct in child pornography cases)
United States v. Bleau, 930 F.3d 35 (2d Cir. 2019) (clarifies application of USSG §2G2.2(b)(4) for sadistic or infant abuse material)
United States v. Mi Sun Cho, 713 F.3d 716 (2d Cir. 2013) (preponderance of evidence standard for sentencing enhancements)
United States v. Richardson, 238 F.3d 837 (7th Cir. 2001) (strict liability for enhancements in child pornography cases)