United States Second Circuit

Following defendant's conviction for receiving and possessing child pornography, the district court's order requiring defendant to make restitution to a victim identified in an image of child pornography found in his possession is: 1) affirmed in part, where there was sufficient evidence to support a finding of proximate cause and the district court reasonably estimated the share of the victim's losses to be attributed to defendant as her total loss divided by the number of persons convicted of possessing her images at the time of the restitution request; but 2) vacated in part, where the district court abused its discretion by including in its calculations losses that defendant could not have proximately caused and by holding defendant jointly and severally liable for harm caused by defendants who were not before the court.

Appellate Information

• Decided 09/09/2013
• Published 09/09/2013

Judges

• CHIN

Court

• United States Second Circuit

Counsel