United States v. Dann, No. 10-10191 (9th Cir. 2011)
Annotate this CaseDefendant was charged with crimes stemming from conduct involving her live-in nanny and housekeeper where defendant arranged for her to travel from her native Peru to the United States in 2006 by entering under a fraudulently-obtained visa to serve as a nanny and housekeeper. Defendant appealed her convictions for forced labor, related offenses of document servitude, and harboring an alien for financial gain. Defendant also appealed three sentencing enhancements and the restitution order. The court affirmed the convictions on all counts as supported by sufficient evidence. With respect to sentencing, the court declined to reach the merits of the first enhancement for visa fraud because it did not affect the guidelines offense level; affirmed the second enhancement holding defendant in forced labor for over one year; and affirmed the third enhancement for committing a felony "in connection with" forced labor. As for the restitution order which presented a question of first impression regarding whether child support arrearages belonged to a criminal defendant such that they could be assigned to a victim by restitution order while defendant's children were still minors, the court held that the minor child was the real party in interest to the accrued support. Therefore, any money that defendant received for child support did not belong to her but rather her children and it could not be assigned to the nanny/housekeeper. Accordingly, the judgment was affirmed in part and reversed in part.
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