USA v. David Hatcher, No. 13-10636 (5th Cir. 2015)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 11, 2014.
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Case: 13-10636 Document: 00512912630 Page: 1 Date Filed: 01/23/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-10636 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 23, 2015 UNITED STATES OF AMERICA, Plaintiff - Appellee Lyle W. Cayce Clerk v. DAVID WAYNE HATCHER, Defendant - Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-96-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* We previously affirmed the district court’s restitution order imposed in connection with David Wayne Hatcher’s guilty-plea conviction for two counts of child pornography. United States v. Hatcher, 559 F. App’x 300 (5th Cir. 2014). The Supreme Court granted certiorari, vacated our decision, and Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 13-10636 Document: 00512912630 Page: 2 Date Filed: 01/23/2015 No. 13-10636 remanded for further consideration in light of Paroline v. United States, 134 S. Ct. 1710 (2014). Hatcher v. United States, 135 S. Ct. 129 (2014). Paroline overruled our circuit precedent and held that 18 U.S.C. § 2259 requires “restitution in an amount that comports with the defendant’s relative role in the causal process that underlies the victim’s general losses.” Paroline, 134 S. Ct. at 1727. We now VACATE the district court’s restitution order and REMAND the case to the district court for proceedings consistent with the Supreme Court’s opinion in Paroline. 2
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