United States v. Kennedy, No. 10-30065 (9th Cir. 2011)
Annotate this CaseDefendant was convicted of possessing and transporting child pornography and appealed his conviction, sentence, and the district court's order directing him to pay $65,000 in restitution to two victims. The court affirmed his conviction and sentence where the district court did not abuse its discretion in admitting the testimony of five law enforcement officers; in vacating defendant's possession conviction; and in imposing conditions for the full term of supervised release rather than for just the duration of defendant's sexual deviancy treatment. The court held, however, that because the government failed to carry its burden of proving that defendant's offense conduct proximately caused the losses incurred by the victims, the court vacated the restitution order.
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