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Another thoughtful and notable district court opinion on restitution in child porn sentencing

By Douglas A. Berman

A helpful reader sent me a copy of a new opinion from the Eastern District of Texas addressing a request for restitution in a child porn downloading case.  The opinion in US v. Paroline, No. 6:08-CR-61 (E.D. Tex. Dec. 7, 2009) (available for download below), denies restitution on a causation theory as explained in its conclusion: [T]he Court finds that Amy was harmed as a result of Paroline?s conduct and thus, is a ?victim? for purposes of section 2259.  However, a restitution award under section 2259 requires that the Government prove by a preponderance of the evidence the amount of the victim?s losses proximately caused by the defendant?s conduct.  Having considered the parties? oral arguments and written submissions, the Government has not met its burden of proving what losses, if any, were proximately caused by Paroline?s possession of Amy?s two pornographic images and thus, the Request for Restitution is DENIED...continue to full post

Full post as published by Sentencing Law and Policy on December 10, 2009 (boomark / email).