10th Circuit: Child porn restitution award requires showing that losses were proximately caused by defendant
U.S. v. Benoit, No. 12-5013 (10th Cir. April 2, 2013)
Finally, Benoit argues that the district court’s restitution order was improper. In accord with the majority of circuits to have considered the issue, we hold that 18 U.S.C. § 2259 requires a showing that a victim’s losses are proximately caused by the defendant’s conduct. See United States v. Aumais, 656 F.3d 147, 153 (2nd Cir. 2011). Because the district court did not explain whether specific losses suffered by the victim were proximately caused by Benoit’s actions, we remand for a redetermination of the portion of damages allocable to Benoit.
10th Circuit: Child Porn Defendant Loses on ‘Viewed’ but not ‘Received’ Claim
Findlaw: [Defendant] . . . argued that viewing and search for child pornography doesn’t qualify as receiving the images. The jury disagreed and convicted Sturm on both counts. Sturm appealed. This week, the Tenth Circuit Court of Appeals affirmed Sturm’s convictions. | U.S. v. Sturm
Legal Periodical: Adult Entertainment And Zoning: A Starting Point For Adopting Or Updating Adult Business Ordinances
Teresa L. Watson, Adult Entertainment And Zoning: A Starting Point For Adopting Or Updating Adult Business Ordinances, 80-APR J. Kan. B.A. 30 (Apr. 2011)
(An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.)
“This article summarizes the law as it pertains to the regulation of adult businesses. Part II provides some background regarding relevant Kansas statutes. Part III explores U.S. Supreme Court precedents interpreting the constitutional requirements for the regulation of adult businesses. Finally, Part IV reveals how the constitutional requirements have been interpreted and applied by the Tenth U.S. Circuit Court of Appeals.”
10th Circuit: Child-porn conviction for cached images reversed on scienter grounds
Tulsa World: “On Wednesday, the appellate court found the ‘government presented no evidence that Mr. Dobbs actually saw the two images on his monitor, such that he would have had the ability to exercise control over them.’” | U.S. v. Dobbs, No. 09-5025 (10th Jan. 5, 2011)
10th Circuit Authorities for Various SOB Ordinance Requirements
10th Circuit upholds child porn conviction based on evidence seized under drug-related warrant
U.S v. Burgess, No. 08-8053 (10th Cir. Aug. 11, 2009)
10th Circuit: Computer copying or download of child pornography is “production”
U.S. v. Schene, No. 07-6177, 2008 WL 4379509 (10th Cir. Sept. 30, 2008)
Tenth Circuit allows admission of child pornography evidence and upholds conviction.
