United States v. Sainz, No. 13-3585 (7th Cir. 2016)
Annotate this CaseSainz pled guilty to possessing child pornography, including six images of “Cindy.” Unlawful images of Cindy have circulated widely on the internet. The government argued that Sainz should pay restitution to Cindy, 18 U.S.C. 2259(b)(4), who has incurred financial losses such as future lost earnings, attorney fees, and medical and psychiatric expenses. Sainz argued that he did not cause her losses. He possessed images, but had no role in creating or distributing them, and that she would have been harmed by others even if he had never possessed the images. The court rejected this argument, based on Cindy’s statement that his viewing the images re-victimized her and made her feel that the abuse was continuing. The court’s approach to causation was confirmed by the Supreme Court’s intervening decision in Paroline v. United States (2014). The Court stated: “While it is not possible to identify a discrete, readily definable incremental loss [the defendant] caused, it is indisputable that he was a part of the overall phenomenon that caused her general losses.” Sainz did not appeal the causation ruling, but only the amount he was ordered to pay. The Seventh Circuit affirmed the calculation of $8,387.43: 1/136 of Cindy’s total loss for the time period. Sainz was the 136th offender who was prosecuted and ordered to pay Cindy restitution. The court remanded with respect to some conditions of supervised release.
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