USA v. Tommy Daniel, No. 11-10050 (5th Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on April 10, 2013.

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Case: 11-10050 Document: 00512661683 Page: 1 Date Filed: 06/12/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 11-10050 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 12, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA Plaintiff - Appellee v. TOMMY DALE DANIEL, Defendant - Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:07-CR-142-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before DAVIS, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* On appeal, Tommy Dale Daniel challenged the judgment in two respects: his convictions for possession of child pornography; and the ordered restitution. Our court affirmed. United States v. Daniel, 532 F. App x 522 (5th Cir. 2013). Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. * Case: 11-10050 Document: 00512661683 Page: 2 Date Filed: 06/12/2014 No. 11-10050 The Supreme Court vacated our judgment and remanded for further consideration in the light of Paroline v. United States, 134 S. Ct. 1710 (2014), which held 18 U.S.C. ยง 2259 requires restitution in an amount that comports with the defendant s relative role in the causal process that underlies the victim s general losses , id. at 1727. Accordingly, we VACATE only the ordered restitution, and, for that issue, REMAND for proceedings consistent with the Supreme Court s opinion in Paroline. The balance of the judgment remains AFFIRMED. AFFIRMED IN PART; VACATED and REMANDED IN PART. 2

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