United States v. Villalobos, No. 16-41691 (5th Cir. 2018)Annotate this Case
The Fifth Circuit vacated defendant's restitution order after he pleaded guilty to sexual exploitation of a child. The court held that, especially given the victim mother's inability to speak at sentencing, it was prudent to permit the district court to ask and decide whether special circumstances excused the government's failure to present evidence in the first instance regarding the amount of restitution. Accordingly, the court remanded to the district court for further proceedings.