153986P.pdf   02/14/2017  United States  v.  Corey Victor Bevins
   U.S. Court of Appeals Case No:  15-3986
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Chief Judge Riley, Author, with Wollman and Benton, Circuit 
   Judges] 
   Criminal Case - sentencing. Following guilty plea to producing, receiving, 
   and possessing child pornography, district court varied downward from 720 
   months to 300 months imprisonment. Enhancements under Guidelines secs. 
   2G2.2(b)(4) and (b)(5) and 4B1.5(b)(1) had no impact of the Guidelines 
   range. Any challenge to the grouping counts were harmless error. 
   Enhancement for being a repeat and dangerous sex offender under section 
   4B1.5(b)(1) does not require a prior conviction; enhancement under sec. 
   2G2.1(b)(4) for sadistic or masochistic conduct were warranted; and the 
   production counts were properly grouped under section 3D1.4 because each 
   production is considered a separate and distinct harm. As to unobjected to 
   challenge to the adequacy of the district court's explanation of the 
   section 3553(a) factors, the district court's explanation, though brief, 
   was not so plainly inadequate as to warrant reversal. The sentence, a 
   downward variance of 420 months, was not unreasonably high.