United States v. Lundquist, No. 11-5379 (2d Cir. 2013)Annotate this Case
Defendant was convicted of receiving and possessing child pornography. At issue on appeal was whether defendant could be ordered to make restitution to one of the victims and, if so, in what amount. The court concluded that there was sufficient evidence to support a finding of proximate cause and that the district court reasonably estimated the share of the victim's losses to be attributable to defendant as her total loss divided by the number of persons convicted of possessing her image at the time of the restitution request. The court concluded, however, that the district court abused its discretion by including in its calculation losses that defendant could not have proximately caused and by holding defendant jointly and severally liable for harm caused by defendants who were not before the court. Accordingly, the court affirmed in part, vacated in part, and remanded for recalculation.