United States v. Montalvo-Cruz, No. 12-2421 (1st Cir. 2014)
Annotate this CaseDefendant was convicted of producing child pornography. The district court sentenced Defendant to a term of imprisonment and advised that it would order Defendant to pay restitution to the victim for mental health treatment. The district court wanted to simply order payment directly to the victim, but Defendant objected, saying the victim might not use the money for treatment. The court ordered payment to the Crime Victims Fund, from which payment would be made to provide the victim with therapy. On appeal, Defendant argued that the district court erred in ordering the payment be made to the Fund rather than to the victim. The First Circuit Court of Appeals vacated and remanded with direction for the court to enter a restitution order payable to the victim, as there was no basis for accommodating Defendant’s original desire to monitor how his victim used the restitution payment.
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