United States Ninth Circuit

Conviction and sentencing of defendant for possessing and transporting child pornography with an imposed order for restitution is affirmed where the district court properly admitted testimony of law enforcement officers and did not abuse its discretion in choosing to vacate, on the grounds of Double Jeopardy, defendant's conviction for possession of child pornography rather than his conviction for transportation of child pornography, but reserved with respect to the restitution order where the government failed to carry its burden of proving that defendant's offensive conduct proximately caused losses incurred by the victims.

Appellate Information

• Decided 07/11/2011
• Published 07/11/2011

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Suzanne Lee Elliott, Helen J. Brunner