United States v. Burgess, No. 09-4584 (4th Cir. 2012)
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A jury convicted Defendant-Appellant Albert Burgess, Jr. of two felonies involving the receipt and possession of materials depicting minors engaged in sexually explicit conduct. The district court sentenced Burgess to a term of 292 months' imprisonment, and to supervised release for life. The district court also ordered that Burgess pay, among other things, restitution of $305,219.86 under the Mandatory Restitution for Sexual Exploitation of Children Act for losses suffered by "Vicky," a child victim portrayed in pornographic material in Burgess' possession. Burgess challenged both his convictions and sentences on appeal. The Fourth Circuit affirmed his convictions and all aspects of his sentences, except the district court's award of restitution to the victim. Because the district court did not make specific findings regarding the elements of restitution, the Court vacated the restitution award and remanded the case to the district court for a calculation of the loss Burgess proximately caused the victim.
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