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Second Circuit blesses future medical expense restitution in child porn sentencing

By Douglas A. Berman

The Second Circuit has an intriguing little restitution ruling today in US v. Pearson, No. 07-0142 (2d Cir. July 2, 2009) (availalbe here).  Here is how the opinion starts: Defendant-appellant Abraham Pearson appeals from a judgment entered January 12, 2007, in the United States District Court for the Northern District of New York (McAvoy, J.) convicting him, following a guilty plea to multiple counts of producing, transporting, receiving, and possessing child pornography, and sentencing him, inter alia, to serve fifteen years? imprisonment and to pay restitution to the child victims of his crime in the amount of $974,902.  Because we conclude that the defendant has not waived his right to appeal the restitution amount, we are called upon to consider whether a restitution order pursuant to 18 U...continue to full post

Full post as published by Sentencing Law and Policy on July 02, 2009 (boomark / email).