United States v. Anthony, No. 18-6047 (10th Cir. 2019)
Annotate this CaseA jury convicted Curtis Anthony of child-sex trafficking and conspiracy to commit child-sex trafficking. The district court sentenced Anthony to the statutory mandatory-minimum 10 years’ imprisonment and ordered that he pay restitution to the two child victims— R.W. and M.M—in the amount of $327,013.50 and $308,233.50, respectively. On appeal, Anthony contended these amounts exceeded actual losses resulting from his two offenses of conviction. He raised two issues with the restitution order: (1) it impermissibly compensated harms that R.W. suffered from an earlier, unrelated sex-trafficking criminal enterprise run by a different wrongdoer; and (2) regarding his conspiracy count, it compensated R.W.’s and M.M.’s harms beyond a smaller conspiracy proved at trial (a subset of the broad, charged conspiracy). The Tenth Circuit Court of Appeals agreed with Anthony on both issues, but we disagreed he established plain error on the second issue. Thus, the Court affirmed the district court’s restitution order as covering the broad, charged conspiracy, but vacated the order and remanded for a recalculation of losses to ensure that no restitution is awarded for harms that R.W. suffered during the earlier sex-trafficking offense.
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