Divided 8th Circuit panel adopts proximate cause requirement for child porn restitution awards
How Appealing reports on the ruling in U.S. v. Fast and observes . . .
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)
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.
En Banc 5th Circuit to rehear restitution case for child porn victim
How Appealing quotes and links to the AP and the earlier 5th Circuit opinion: A federal appeals court in New Orleans has agreed to rehear two cases in which a victim of child pornography sought restitution from men who viewed sexually explicit photographs of her on the Internet.” | In re: Amy Unknown.
