Sixth Circuit weighs in with instructions on restitution sentencing in child porn cases
Sentencing Law and Policy Blog: A helpful reader alerted me to a notable ruling by a Sixth Circuit panel today in US v. Gamble, No. 11-5394 (6th Cir. Feb 27, 2013) (available here). Here is how the majority opinion gets started . . .
The Price of a Stolen Childhood: Child Pornography
Emily Bazelon at the New York Times (1/24/13): In October, the Fifth Circuit ruled in Amy’s favor, in a 10 to 5 decision. The court also accepted the theory of joint and several liability, finding that this means of allocating shared responsibility can ensure “that Amy receives the full amount of her losses, to the extent possible, while also ensuring that no defendant bears more responsibility than is required for full restitution.” . . . The Fifth Circuit’s decision creates a clear split among the appeals courts over how to interpret Congress’ provision of restitution for sex-crime victims — a split that only the Supreme Court can resolve. Cassell and Marsh have asked the justices to do that, and the court could hear a restitution case as early as next fall. | In re Amy Unknown, No. 09-41238 (5th Cir. March 22, 2011)
SCOTUS: Review sought in obscenity case that raises questions about harm to minors
SCOTUS Blog has posted as their petition of the day: Butt v. Utah.
7th Circuit: Restitution to child porn victims owed by possessors is less than amounts owed by distributors
U.S. v. Laraneta, No. 12-1302 (7th Cir. Nov. 14, 2012) (Opinion by Posner joined by Williams and Sykes)
The court held that a possessor of child porn images is not jointly liable for the total amount of restitution owed to victims by distributors of such images, because the amount of harm caused by possession is less than that caused by distribution. The Court also held that there is no right of intervention for child porn victims where claims of restitution are denied, but rather the appropriate remedy is to seek mandamus at the court of appeals pursuant to 18 U.S.C. § 3771(d)(3).
AR: Clarksville sexually oriented business can dispute ordinance
The Courier: The X-Mart Adult Superstore in Clarksville can challenge the validity and constitutionality of that city’s ordinance regulating sexually oriented businesses, the state Supreme Court ruled Thursday. | 40 Retail Corporation v. City of Clarksville
6th Circuit upholds $300K ruling for parents vs. expert who made fake child porn of their kids
How Appealing links to coverage of the ruling and provides some additional information. | U.S. v. Boland
Circuit Split Watch: Former Federal Judge Seeks Restitution for Victims
Appellate Daily: Paul Cassell, a former federal judge, represents child pornography victims in a series of federal appellate cases. In October alone, Cassell notched a win and a loss in two circuit courts and argued in another. The case he won created a circuit split about restitution for victims, which the U.S. Supreme Court will almost certainly be asked to review.
NY Top Court Says Lap Dance Isn’t Art, Is Taxable
AP: Lap dances are taxable because they don’t promote culture in a community the way ballet or other artistic endeavors do, New York’s highest court concluded Tuesday in a sharply divided ruling. | In the Matter of 677 New Loudon Corporation v. State of New York Tax Appeals Tribunal
Study: Vast Majority Of Homemade Porn, Private Photos End Up Online
CBS: The vast majority of homemade pornography and private images on personal computers ends up on public websites called “parasites.”
Eighty-eight percent of homemade pornography, including videos and still images, finds its way onto porn sites, often without the owners’ knowledge, a new study from Britain’s Internet Watch Foundation (IWF) has found. | Internet Watch Foundation press release
En Banc 5th Circuit: Child Porn Victims Can Get Restitution from Possessors
AP: Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday. | In re: Amy Unknown (For the reasons above, we reject the approach of our sister circuits and hold that § 2259 imposes no generalized proximate cause requirement before a child pornography victim may recover restitution from a defendant possessing images of her abuse)
