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Eleventh Circuit publishes (first?) circuit opinion affirming restitution in sentencing of child porn downloader

By Douglas A. Berman

An Eleventh Circuit panel has an important ruling today in US v. McDaniel, No. 09-1503 (11th Cir. Jan. 28, 2011) (available here), concerning the federal law and practice of imposing restitution terms in sentences for downloaders of child porn.  Here is how the McDaniel opinion begins along with some of the key legal determinations within the opinion: Ricky Lee McDaniel was convicted of possession of child pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2256(8)(A).  The district court sentenced him to 60 months of imprisonment and three years of supervised release and ordered him to pay restitution to ?Vicky,? a child depicted in one of his images.  McDaniel asks whether 18 U.S.C. § 2259 requires a showing of proximate cause, and if so, whether the district court clearly erred in ordering restitution...continue to full post

Full post as published by Sentencing Law and Policy on January 28, 2011 (boomark / email).